GIFT   OF 
MICHAEL  REESE 


LIFE    AND     TIMES 


OF 


JAMES     MADISON 


LIB, 

OF   THE 

E: 

OIB1 


"ror.i   a    HedaUion.   executed  in.  1792 . by  Ceracchi.iri  possession 
J.C.Mc.Guire  Esq  of  Was'aington. . 


VJ*     S 


Entered  according  to  Act  of  Congress,  in  the  year  1859,  by 
WILLIAM  CABELL  RIVES, 

In  the  Clerk's  Office  of  the  United  States  Court  for  the  Eastern  District  of 

Virginia. 


Presuwork  by  John  Wilson  and  Son* 


PREFACE. 


THE  following  work  has  been  undertaken  from 
no  ambition  of  authorship,  to  which  the  ac 
tive  and  diversified  pursuits  of  the  writer's  life 
present  every  possible  discouragement.  It  was 
felt,  however,  that  some  account  of  the  charac 
ter,  opinions,  and  actions  of  the  man  who  con 
tributed  more  largely  and  effectively,  though 
unobtrusively,  to  the  formation  of  the  institu 
tions  under  which  we  live  than  any  of  his  con 
temporaries,  and  who  was  the  elective  head  of 
the  Government  at  a  period  of  external  difficul 
ties  and  trials  which  gave  the  United  States 
definitively  a  rank  among  nations,  was  a  deside 
ratum  in  the  history  of  the  country. 

Many  valuable  and  authentic  materials  for 
such  a  work  having  recently  come  into  the 
hands  of  the  writer  by  a  public  charge  confided 
to  him,  and  others  being  placed  at  his  disposal 
by  private  courtesy,  he  was  led  to  consider  it  a 
duty,  so  far  as  his  other  occupations  would  per- 


vi  PREFACE. 

mit,  to  attempt  the  execution  of  a  task,  which 
surmises  without  foundation  represented  him  to 
have  entered  upon,  at  a  much  earlier  period. 
It  is  only  within  the  last  two  years  that  his 
thoughts  have  been  turned  to  the  subject;  and 
his  application  to  it  during  that  period  has  met 
with  almost  daily  interruptions,  and  sometimes 
long  suspensions,  from  the  necessary  calls  of 
other  duties. 

The  first  volume  of  the  work  is  now  submitted 
to  the  public.  It  belongs  more,  perhaps,  to  the 
department  of  History  than  of  Biography,  though 
partaking  of  the  character  of  both.  From  the 
nature  of  Mr.  Madison's  career,  it  was  impossible 
to  isolate  him  from  the  public  events  of  the 
times  in  which  he  lived  and  acted ;  and  a  copi 
ous  development  of  contemporary  transactions 
has  been  often  found  indispensable  to  display,  in 
its  proper  light,  the  part  he  bore  in  those  trans 
actions.  "We  have  thus  been  led,  it  will  be  seen, 
into  a  fuller  history,  than  is  probably  elsewhere 
to  be  found,  of  the  Congress  of  the  Confedera 
tion  during  the  four  years  Mr.  Madison  was  an 
active  member  of  that  body  (from  1780  to 
the  definitive  Treaty  of  Peace,)  —  embracing  the 
most  important  period  of  the  "War  of  the  Eevo- 
lution,  and  deeply  interesting  passages  in  our 


PREFACE.  Vii 

political  and  diplomatic  annals,  which  have  hith 
erto  received  comparatively  but  little  illustration. 

In  this  and  every  other  portion  of  the  work, 
we  have  relied  only  on  original,  and,  in  some 
instances,  unpublished  documents  ;  and  in  re 
mounting  to  the  sources  of  our  History,  apocry 
phal  versions  of  it,  which  have  become  current 
by  repetitions  upon  trust  from  one  writer  to 
another,  have  not  unfrequently  been  rectified  by 
the  lights  of  contemporary  evidence. 

In  reviewing  these  great  scenes  of  our  early 
national  struggles,  we  have  not  felt  ourselves  at 
liberty  to  suppress  anything  which  the  truth  of 
history  required  to  be  uttered  or  disclosed.  And 
on  the  other  hand,  we  have  not  been  unmindful, 
we  trust,  of  the  obligations  of  justice  and  candor 
due  to  all  the  illustrious  actors  of  the  time.  We 
have  endeavoured,  in  forming  our  judgments,  to 
guard  against  every  influence  but  that  of  truth, 
and  to  give  way  to  no  impressions  but  such  as 
the  facts  transmitted  to  us  would,  of  themselves, 
naturally  produce  upon  every  unbiassed  mind  ; 
keeping  always  before  our  eyes  the  great  moral 
law  of  History — Ne  quid  faM  dicere  audeat,  ne 
quid  veri  non  audeat. 

SEPTEMBER,  1859. 


CONTENTS. 


CHAPTER  I. 

Connection  of  History  and  Biography  —  Birth  and  Family  of 
Madison  —  Pioneers  of  Virginia  —  Education  —  Princeton  Col 
lege —  Excitements  produced  by  early  Disputes  between  the 

^Colonies  and  Mother  Country  —  Dr.  Witherspoon  —  Distin 
guished  College  Associates 1-25 

CHAPTER  H. 

Madison  leaves  Princeton  and  returns  to  his  Father's  Residence 
in  Virginia  —  His  Studies  and  Pursuits  at  Home  —  Corres 
pondence  with  his  College  Friend,  Bradford  of  Philadelphia 
—  Religious  Sentiments  — -"Traits  of  Personal  Character  — 
Progress  of  Controversy  with  the  Mother  Country  —  Ptersecu- 
tion  of  Baptists  in  Virginia  excites  Indignation  of  Madison  — 
Early  Champion  of  Religious  Freedom  - —  Established  Church 
in  Virginia  —  Conduct  and  Influence  of  its  Members  in  the 
Contest  for  Independence 27-55 

CHAPTER  III. 

Proceedings  in  Virginia  on  receiving  Intelligence  of  the  Boston 
Port  Bill  —  House  of  Burgesses  dissolved  by  the  Governor  — 
War  with  the  Indians  —r  First  Convention  in  Virginia  —  Con 
tinental  Congress  meets  at  Philadelphia  — ^Mr.  Madison's  Ac 
count  of  the  Military  Preparations  commenced  in  Virginia,  in 
view  of  a  possible  Conflict  with  the  Mother  Country  —  How 
far  Patrick  Henry's  Resolution  for  arming  and  disciplining 
the  Militia  influenced  these  Preparations  —  Patriotism  and  In- 


X  CONTENTS. 

fluence  of  the  ancient  Landed  Interest  In  Virginia  —  County 
Committees —Mr.  Madison  Member  of  the  one  for  his  County — 
Nature  and  Extent  of  the  Cavalier  Element  in  the  Population 
of  Virginia  —  Character  of  the  People  of  Virginia  at  the  Era 
of  the  Revolution  56-88 

CHAPTER  IV. 

Battle  of  Lexington  —  Lord  Dunmore's  Removal  of  the  Gunpow 
der  from  Williamsburg  —  Assembling  of  the  Independent  Com 
panies  at  Fredericksburg  —  Patrick  Henry's  Expedition  to 
reclaim  the  Gunpowder  —  Address  of  Thanks  to  him  from  the 
County  Committee  of  Orange  drawn  by  Mr.  Madison  —  Spir 
ited  Proceedings  of  the  Committee  in  the  Case  of  the  Rev.  Mr. 
Wingate  —  Lord  Dunmore  again  convokes  the  Assembly  —  His 
Altercation  with  the  House  of  Burgesses  —  The  Governor  quits 
the  Palace  and  takes  up  his  Residence  on  board1  a  Ship  of  War 
—  Protest  and  Closing  Scene  of  the  last  House  of  Burgesses 
in  Virginia  —  Another  Convention  meets  at  Richmond — Its 
Proceedings  —  Meeting  of  the  Second  Continental  Congress  — 
Army  raised  for  the  Defence  of  American  Liberty  —  Intention 
of  National  Independence  disclaimed  —  Sincerity  of,  these  Pro 
fessions  called  in  question  by  European  Writers  —  Mr.  Madi 
son's  .  Testimony  on  the  Subject  —  Subsequent  Measures  of  the 
King  and  Parliament  bring  on  the  Issue  of  Independence  — 
Public  Mind  in  Virginia  ripened  for  the  Event  by  the  iniqui 
tous  Conduct  of  the  Royal  Governor  —  New  Convention  elected 
in  Virginia  —  Mr.  Madison  chosen  a  Member 89-119 


CHAPTER  V. 

Proceedings  of  the  Virginia  Convention  of  1776 — Instructions  to 
their  Delegates  in  Congress  to  propose  Declaration  of  Inde 
pendence  —  Authorship  of  the  Instructions  —  Select  Committee 
to  prepare  a  Declaration  of  Rights  and  Plan  of  Government  — ; 
Mr.  Madison  a  Member  of  the  Committee  —  George  Mason 
Author  of  original  Draught  of  Declaration  of  Rights  —  Amended 
in  its  last  Article  on  Motion  of  Mr.  Madison  —  Difference  be 
tween  Religious  Toleration  and  Religious  Freedom  —  Deliber 
ations  of  Select  Committee  on  Plan  of  Government  —  Mr.  John 
Adams  suggests  one  —  Another  proposed  by  Mr.  Braxton,  Del- 


CONTENTS.  Xi 

egate  in  Congress  from  Virginia  —  Letter  of  Patrick  Henry  on 
the  Subject  —  Plan  presented  by  a  Member  of  the  Select 
Committee  —  Resemblance  between  it  and  Constitution  finally 
adopted  —  Principal  Features  of  the  Virginia  Constitution  of 
1776  —  Republican  Government  as  understood  by  the  wise  and 
patriotic  Men  who  framed  that  Constitution  —  Distinction  be- 
\tween  a  Republic  and  a  Democracy  —  Question  as  to  the 
Authorship  of  the  original  Plan  submitted  to  the  Select  Com 
mittee  —  Letter  and  Memorandum  of  Mr.  Madison  on  the 
Subject  —  Distinguished  Lead  of  George  Mason  —  Patrick 
Henry  elected  first  Republican  Governor  —  His  Testimony  in 
favor  of  the  Constitution  of  1776  —  Adjournment  of  the  Con 
vention  120-167 


CHAPTER  VI. 

Military  Reverses  of  the  second  Campaign  of  the  Revolutionary 
War  —  First  Session  of  the  new  Republican  Legislature  of 
Virginia — Measures  for  extending  the  Benefits  of  Religious 
Freedom  —  Abolition  of  Entails  —  Provision  for  the  General 
Revision  of  the  Laws  —  First  Acquaintance  -of  Jefferson  and 
Madison  —  Energetic  Resolutions  of  the  Virginia  Legislature 
for  the  Conduct  of  the  War  — The  Tide  of  Disaster  turned 
by  the  Daring  and  Heroism  of  Washington  at  Trenton  and 
Princeton  —  Election  of  a  new  Legislature  in  Virginia  -£-  Mr. 
Madison  loses  his  Election  by  his  Respect  for  the  Purity  of 
the  Elective  Franchise  —  Chosen  by  the  General  Assembly  to 
be  a  Member  of  the  Council  of  State  —  Correspondence  be 
tween  him  and  the  Rev.  Samuel  Stanhope  Smith  —  Relations 
with  Governor  Henry  —  Important  Agency  of  the  Governor 
and  Council  in  expediting  the  Levies  of  Troops  for  the  Gen 
eral  Defence  —  Liberal  Spirit  manifested  by  Virginia  for  the 
Assistance  of  her  sister  States  —  Expedition  and  brilliant  Suc 
cess  of  George  Rogers  Clarke  under  the  Auspices  of  Virginia — 
British  Ministry  induced  by  the  Capture  of  Burgoyne's  Army 
to  seek  Reconciliation  with  the  American  States  —  Proceed 
ings  of  the  Royal  Commissioners  in  America  —  Evacuation  of 
Philadelphia,  and  Battle  of  Monmouth  —  Treaty  of  Alliance 
with  France  —  Efforts  to  detach  America  from  it  —  Opera 
tions  against  the  Southern  States  —  Reduction  of  Georgia  — 
Invasion  of  Virginia  —  Mr.  Jefferson  Successor  to  Governor 

VOL.   I.  & 


Xll  CONTENTS. 

Henry  —  Virginia  ratifies  Treaty  of  Alliance  with  France  by 
her  own  independent  Act  —  Negotiations  with  Spain  —  De 
mands  made  by  that  Power  as  Conditions  of  her  Cooperation  in 
the  War  —  Resolutions  of  the  Legislature  of  Virginia  with  Re 
gard  to  the  Navigation  of  the  Mississippi  —  Her  Remonstrance 
to  Congress  on  the  subject  of  the  Western  Territory -^Mr. 
Madison  chosen  one  of  her  Delegates  in  the  Congress  of  the 
Confederation 168-208 

CHAPTER  VII. 

Confederate  Government  the  first  and  natural  Want  of  the  So 
cial  State  in  America  —  Successive  Stages  of  its  Development 
—  Extent   and   Detail  of  the  Powers  of  Congress  under  the 
Articles    of   Confederation  —  Number    and    Character    of  its 
Members  —  Earnest  Appeal  of  Washington  on  Behalf  of  the 
National    Service  -r^Colleagues   of   Madison   in    Congress  — 
/Gloomy  Condition  of  Public  Affairs  at  the  Period  of  his  En- 
/ trance  on  the  National  Theatre  —  Causes  of  the  Public  Dis- 
1  tress  —  Financial    Embarrassments  —  Striking   Letter   of   Mr. 
vMadison  on  the  Subject  —  Committee  appointed  by  Congress 
to  confer  with  the  Commander-in-chief —  Military  Preparations 
and  Events  —  French  Land  and  Naval  Forces  arrive  in  the 
United  States  —  Reduced  to  Inactivity  by  the  Naval  Superi 
ority  of  the  Enemy  —  Disasters  of  the  Campaign  —  The  Ne 
cessity  of  increased    Vigor    and    Foresight  -^Views  of    Mr. 
Madison  with  regard  to  both  Financial  and  Political  Reform  — 
His  Constitutional  Creed  —  Measures  adopted  by  Congress  — 
Representation    addressed   to   the   King  of  France  —  Special 
Mission  of  Colonel  John  Laurens 209-234 


CHAPTER  VIII. 

Negotiations  with  Spain  —  Mr.  Madison  Chairman  of  a  Commit 
tee  to  prepare  Instructions  to  Dr.  Franklin  and  Mr.  Jay  in 
support  of  the  Claims  of  the  United  States  to  Western  Terri 
tory,  and  the  free  Navigation  of  the  Mississippi  River — In 
structions  drawn  by  him  unanimously  adopted —  Outline  of 
the  Arguments  and  Topics  presented  —  Congress  afterwards 
induced  to  change  temporarily  their  Instructions  with  regard 
to  the  free  Navigation  of  the  Mississippi  —  Pressure  of  Georgia 


CONTENTS.  Xiii 

and  South  Carolina  upon  Virginia  to  change  her  former  Instruc 
tions  to  her  Delegates  —  The  Change  deprecated  and  deplored 
by  Mr.  Madison  —  He  corrects  a  Misrepresentation  of  the  Con 
duct  of  Mr.  Jay  —  Ultimate  Return  to  the  Principles  of  the 
original  Instructions  —  Measures  of  Internal  Policy — Urgent 
Motives  for  completing  the  Ratification  of  the  Articles  of  Con 
federation  —  Successive  Ratification  of  them  by  all  the  States 
except  Maryland  —  Grounds  of  her  persevering  Opposition  — 
Jealousy  of  the  Territorial  Claims  of  Virginia — Foundation 
and  legal  Validity  of  those  Claims  —  Virginia  willing  to  make 
a  liberal  Cession  for  the  Sake  of  Conciliation  and  Harmony  — 
Opinions  of  her  leading  Statesmen,  Madison,  Pendleton,  and 
Mason  —  She  finally  proffers  a  Cession  on  Conditions  submitted 
to  Congress  —  Maryland  authorizes  her  Delegates  to  sign  the 
Articles  of  Confederation  —  Ratification  completed,  and  pro 
claimed  by  Congress 235-266 

CHAPTER  IX. 

Plan  of  Military  Operations  discussed  in  Congress  —  Critical  Sit 
uation  of  the  Southern  States  —  Colonel  Benjamin  Harrison 
sent  by  Virginia  to  represent  to  Congress  the  Necessity  of  more 
liberal  Arrangements  for  the  Defence  of  the  South  —  Mr.  Mad 
ison  gives  his  zealous  Aid  to  the  Mission  of  Colonel  Harrison  — 
Measures  adopted  by  Congress  on  the  Occasion  —  Virginia  be 
comes  the  principal  Theatre  of  the  War  by  the  Invasion  of 
Cornwallis  —  Reduced  to  great  Exhaustion  by  her  Exertions  in 
Aid  of  the  Southern  States  —  Long-continued  Inattention  of 
Congress,  and  apparent  Indifference  of  Northern  States,  give 
rise  to  strong  Feelings  of  Dissatisfaction  —  Energetic  Remon 
strance  prepared  for  Adoption  of  the  Legislature  —  Withdrawn 
on  Intelligence  of  the  Result  of  Colonel  Harrison's  Mission  — 
General  Lafayette  sent  to  Virginia  —  Legislature  dispersed  by 
Tarlton  —  Proposition  for  a  Dictator — General  Nelson  elected 
Governor  —  Able  and  skilful  Conduct  of  Lafayette  —  Washing 
ton  and  Rochambeau  march  with  the  Allied  Army  to  the  Aid 
of  Virginia  —  Letter  of  Mr.  Madison  describing  their  Passage 
through  Philadelphia  —  Count  De  Grasse,  with  the  French 
Fleet,  arrives  m  the  Chesapeake  —  Siege  of  York  —  Surrender 
of  Cornwallis  267-294 


XIV  CONTENTS. 


CHAPTER  X. 

Proceedings  of  Congress  on  receiving  Intelligence  of  the  Surren 
der  of  the  British  Army  at  Yorktown  —  Washington  urges 
energetic  Preparations  for  another  Campaign  —  Recommenda 
tion  warmly  seconded  by  Mr.  Madison  —  Congress  makes  fur 
ther  Calls  for  Troops  and  Money  on  the  States  —  Frequent 
Disregard  of  these  Requisitions  —  Necessity  of  invigorating  the 
Federal  Authority  enforced  by  Washington  —  Proposition  to 
invest  Congress  with  coercive  Power — ^Views  of  Mr.  Madison 
on  the  Subject — Colonel  Hamilton  brings  forward  a  Project, 
in  a  Communication  addressed  by  him  to  a  Member  of  Con 
gress —  Remarks  on  his  Scheme  —  Policy  of  completing  the 
Ratification  of  the  Articles  of  Confederation  rather  than  at 
tempt,  in  the  midst  of  War,  the  Introduction  of  a  new  Sys 
tem  —  Congress  applies  to  the  States  for  Power  to  levy  Du 
ties  on  Foreign  Imports— 'Mr.  Madison  zealously  sustains  the 
Application  —  His  Letter  on  the  Subject 295-313 


CHAPTER  XI. 

Proceedings  of  Congress  for  settling  Conditions  of  Peace — In 
structions  agreed  upon  and  Minister  appointed  in  1779,  with 
reference  to  Negotiations  under  Mediation  of  Spain  —  That 
Mediation  proves  abortive  —  Spain  becomes  a  Party  to  the  War 
in  Europe,  and  Empress  of  Russia  and  Emperor  of  Austria  offer 
their  Mediation  in  1781 — New  Instructions  given,  and  addi 
tional  Ministers  appointed  —  Motives  and  Policy  of  Instruc 
tions  in  submitting  American  Ministers  to  Counsels  of  France 
—^Statement  of  Mr.  Madison  —  England,  persisting  in  treating 
United  States  as  Subjects  in  a  State  of  Rebellion,  declines 
Preliminaries  of  Mediating  Powers  —  France  accedes  in  first 
instance,  but,  apprised  of  Ground  taken  by  England,  declares 
Inutility  of  proceeding  till  that  Ground  is  abandoned  —  De 
bates  in  British  Parliament  upon  receiving  News  of  Surrender 
of  Army  at  Yorktown  —  Resignation  of  Lord  North  and  Dis 
solution  of  his  Ministry  —  Administration  of  Lord  Rockingham 
make  vague  Overtures  for  Peace  through  Sir  Guy  Carleton  in 
America  and  secret  Agents  at  Paris  — Mr.  Madison's  Views 
of  those  Overtures  —  Renewed  Attempt  to  separate  United 
States  and  France,  indignantly  repelled  by  both  —  Division  in 


.     CONTENTS.  XV 

English  Cabinet  —  Death  of  Lord  Rockingham  —  New  Admin 
istration  under  Lord  Shelburne  disclose  Views  adverse  to  Rec 
ognition  of  American  Independence  —  Firm  Declaration  of 
Congress  —  Responsive  Resolutions  of  Legislature  of  Virginia 
—  Spirit  of  the  Times  as  manifested  in  their  Proceedings 
against  Arthur  Lee,  Delegate  in  Congress,  suspected  of  Dis 
affection  to  French  Alliance 314-343 

CHAPTER  XII. 

Negotiations  for  Peace  opened  at  Paris  —  Questions  to  be  ad 
justed,  National  Independence,  Boundaries,  Fisheries  —  Mr. 
Madison  succeeds  in  his  Efforts  in  Congress  to  place  the  last 
two  on  the  same  Footing  in  the  Negotiation  —  Provisional 
Articles  agreed  upon  and  concluded  between  the  British  and 
American  Commissioners  —  Not  communicated  to  the  French 
Government  until  after  their  Signature  —  Dissatisfaction  in 
France  at  Conduct  of  American  Ministers  —  Their  Despatches 
laid  before  Congress  —  Unfounded  Suspicions  of  the  Sincerity  of 
France  manifested  by  Mr.  Jay  and  Mr.  Adams  —  Recommenda 
tion  of  Secretary  of  Foreign  Affairs — Debates  in  Congress  — 
&old  and  manly  Speech  of  Mr.  Madison  —  Report  of  Commit 
tee  on  Despatches  —  Letter  addressed  by  Secretary  of  Foreign 
Affairs  to  American  Commissioners  —  Reflections  on  the  French 
Alliance  —  Services  and  Conduct  of  France  in  the  War  of  In 
dependence  —  Just  and  noble  Sentiment  of  Lafayette  .  344-376 

CHAPTER  XIII. 

News  received  of  the  Signing  at  Paris  of  Preliminaries  of  a  gen 
eral  Peace  —  Cessation  of  Hostilities  proclaimed  by  Congress  — 
Question  raised  as  to  Necessity  of  a  formal  Ratification  of  the 
Provisional  Articles  between  Great  Britain  and  the  United 
States  —  Also  as  to  the  Propriety  of  an  immediate  Release  of 
Prisoners — Report  of  Committee  on  these  Questions  by  Mr. 
Madison,  Colonel  Hamilton  dissenting — ^  Improvident  Decis 
ion  of  Congress  —  Discontents  of  the  Army  —  Petition  and  Ad 
dress  of  Officers  to  Congress  —  Interview  between  Deputies 
of  the  Army  and  Grand  Committee  of  Congress  —  Report  of 
Grand  Committee  —  Difference  of  Opinion  on  subject  of  Half- 
Pay  and  Commutation  —  Mr.  Madison  vindicates  the  Claims  of 


XVI  CONTENTS. 

the  Army  —  Its  Discontents  increased  by  the  Delays  of  Con 
gress  —  Newburgh  Address  —  Measures  adopted  by  Washing 
ton —  His  Address  to  the  Meeting  of  Officers — Ability  and 
Magnanimity  of  his  Conduct  —  Mr.  Madison's  Account  of  the 
Impression  produced  by  it  in  Congress  —  Interference  of  civil 
Creditors  to  foment  Discontents  of  the  Army  sternly  reproved 
by  Washington  —  Correspondence  between  Colonel  Hamilton 
and  Washington  on  the  Subject — Conduct  of  Mr.  Morris, 
Superintendent  of  Finance,  gives  rise  to  Dissatisfaction  — 
Sentiments  of  Mr.  Madison 377-408 


CHAPTER  XIV. 

Efforts  of  Congress  to  establish  a  System  of  General  Revenue  — 
Result  of  Application  to  the  States  for  Power  to  levy  Imposts 
—  Rhode  Island  refuses  —  Virginia,  after  granting,  repeals  her 
Grant  —  Mr.  Madison  annoyed  and  embarrassed  by  the  Oppo 
sition  of  his  State  —  Determines,  nevertheless,  to"  pursue  the 
Convictions  of  his  own  Judgment  in  Favor  of  a  System  of  gen- 

^eral  Revenue  —  Delivers  his  Views  in  an  able  and  patriotic 
Speech  —  Moves  a  Modification  of  the  Proposition  before  Con 
gress  —  His  Modification  adopted  —  Subject  referred  to  a  select 
Committee,  of  which  he  is  a  Member  —  His  Views  in  the 
Committee  —  Report  made  in  Conformity  to  them  —  Outline 
of  the  Report  —  Finally  adopted  by  Congress,  with  slight  Vari 
ations  —  Mr.  Madison  Chairman  of  Committee  to  prepare  an 
Address  to  the  States  in  Support  of  the  Plan  agreed  to  — 
Luminous  and  eloquent  Address  drawn  by  him,  and  adopted 
by  Congress — Sketch  of  it — Colonel  Hamilton  opposed  to 
the  Plan  submitted  by  Congress  to  the  States  —  Reasons  of 
his  Opposition  —  General  Washington,  in  his  Circular  Letter 
to  the  States,  warmly  commends  the  Address,  and  urges  them 
to  adopt  the  Plan  submitted  by  Congress  —  Distinctive  Fea 
tures  of  political  Systems  of  Hamilton  and  Madison  begin  to 
disclose  themselves  —  Reception  of  Revenue  Plan  by  Legisla 
ture  of  Virginia  — -Note  on  Accusations  against  Mr.  Madison 
by  Biographer  of  Colonel  Hamilton 409-443 


CHAPTER  XV. 

Questions  in  Congress  growing  out  of  Cession  of  Northwest  Ter- 


CONTENTS.  Xvii 

ritory  by  Virginia  —  Influence  of  Land  Companies  —  Geograph 
ical  and  political  Combinations  against  the  Claims  of  Virginia  — 
Letters  of  Mr.  Madison  with  regard  to  them  —  Proceedings 
and  Report  of  the  Committee  to  which  the  Subject  was  referred 

—  Attempt  to  set  up  adverse  Title  in  New  York  —  Researches 
and  Labors  of  Mr.  Madison  in  Defence  of  Virginia  Title  —  Alli 
ance  between  Adversaries  of  the  territorial  Rights  of  Virginia 
and  Partisans  of  the  Independence  of  Vermont  —  Mr.  Madi 
son's  Account  of  the  State  of  Parties  in  Congress  on  these  two 
Questions  —  He  predicts  the  ultimate  Acceptance  of  the  Terms 
of  Virginia,  if  the  State  remain  firm  and  prudent  —  Mr.  With- 
erspoon's  Resolutions  —  New  Committee  appointed  to  consider 
Cession  of  Virginia  —  Remonstrance  of  New  Jersey  —  Design 
of  Adversaries  of  Virginia  to  limit  her  Western  Boundary,  if 
possible,  to  the  Alleghany  Mountains  —  Final  Compromise,  and 
Acceptance  of  the   Cession   by  Congress — Influence   of  Mr. 
Madison    in    accomplishing   the   Result — History  of  Vermont 
Question  —  Proceedings  of  Congress  upon  it  —  New  York  and 
New  Hampshire  resist  Claim  of  Vermont  to  be  considered  an 
independent  State  —  Views  of  Mr.  Madison  on  the  Subject  — 
Powerful  Combination  of  Interests  in  Congress  favorable  to  In 
dependence  of  Vermont,  and  her  Admission  as  a  State  into  the 
Confederacy  —  Acts  of  Violence  committed  by  her  Authorities 
prevent  Consummation  of  the  Plan  —  Compelled  to  await  the 

'regular  Exercise  of  the  Power  granted  by  the  Constitution  of 
1788,  before  she  is  finally  admitted  into  the  Union  .  .  .  444-478 

CHAPTER  XVI. 

Congress,  after  Provisional  Articles  of  Peace,  determine  to  dismiss 
a  Portion  of  the  Army  on  Furlough  —  Orderly  and  praiseworthy 
Conduct  of  Main  Body  of  the  Army  on  the  Occasion  —  Com 
plaints  and  Mutiny  of  a  Detachment  of  the  Pennsylvania  Line 

—  They   insult   the   Executive   Council   and    Congress  —  Mr. 
Madison's  Statement  of  the  Affair  —  Congress  adjourn  from 
Philadelphia  to  Princeton  —  Washington  indignant  at  the  Con 
duct  of  the  Mutineers  —  Sends  General  Howe  to  reduce  and 
punish  them  —  Their  Submission  —  Congress  hold   their    Sifr* 
tings  in  the  College  Buildings  at  Princeton  —  Proceedings  on 
fixing  a  permanent  as  well  as  temporary  Place  of  Meeting  — 
Two  Federal  Towns  to  be  established  for  the  alternate  Resi- 


CONTENTS. 

dence  of  Congress  —  Mr.  Madison's  Views  on  Question  of 
Jurisdiction  over  Seat  of  Government  —  General  Washington 
invited  by  Congress  to  Princeton  —  His  Reception  —  Recep 
tion  and  public  Audience  of  Dutch  Minister  —  Delays  in 
Conclusion  of  Definitive  Treaty  of  Peace  —  Change  of  Admin 
istration  in  England  —  Coalition  of  Mr.  Fox  and  Lord  North  — 
Evasions  of  Coalition  Ministry  in  Negotiations  at  Paris  —  Dis 
trust  and  Uneasiness  of  Congress  —  They  reject  Proposition  for 
disbanding  the  Army  and  for  farther  Measures  in  Execution  of 
Provisional  Articles  —  Definitive  Treaty  at  last  concluded  — 
Congress  vote  Thanks  to  the  Army,  and  issue  Proclamations  for 
their  Discharge  and  for  a  Day  of  Public  Thanksgiving  —  Mr. 
Madison's  Service  in  the  old  Congress  closes 479-511 


CHAPTER  XVII. 

J/  Review  of  Mr.  Madison's  Career  in  old  Congress  —  Complex  and 
diversified  Questions,  foreign  and  domestic,  before  that  Body, 
during  Period  of  his  Service  —  Distinction  acquired  by  him  — 
General  Confidence  and  Support  of  his  Constituents  —  A  Party 
hostile  to  him  —  His  Constancy  and  unintermitted  Attention  to 
his  Public  Duties  —  Pecuniary  Sacrifices  —  Nature  of  Provision 
made  by  Virginia  for  Support  of  her  Delegates  in  Congress  — 
Mr.  Madison's  Social  Habits  —  His  Humor —  A  tender  Attach 
ment  —  Enters  upon  the  Study  of  the  Law,  after  his  Return  to 
Virginia — Correspondence  on  public  Questions  with  Friends 
who  consulted  him  —  A  favorite  Project  for  their  future  Lives 
urged  by  Mr.  Jefferson  —  Prepares  himself  for  the  great  Work 
of  Constitutional  Reform  by  diligent  Researches  into  the  His 
tory  of  Confederacies,  ancient  and  modern  —  Summoned  again 
from  his  Retirement  into  the  Legislature  of  the  State —  Charac 
ter  of  that  Body  —  Its  Parties  —  Its  Leaders  —  Patrick  Henry 
—  Richard  Henry  Lee 512-539 


CHAPTER  XVIII. 

Motives  of  Madison  for  returning  to  the  State  Legislature  —  Made 
Chairman  of  Committee  on  Commerce  —  Measures  for  promot 
ing  Commerce  of  the  State  —  Concentration  to  particular  Ports 
—  Mr.  Madison  proposes  Arrangement  with  Maryland  respect- 


CONTENTS.  XIX 

ing  Jurisdiction  and  Navigation  of  the  Potomac  —  Resolution  V 
moved  by  him  for  Appointment  of  Joint  Commissioners  of  the 
two  States,  remote  Cause  of  the  Federal  Convention  —  He 
introduces  preparatory  Measures  for  entering  upon  the  Revis 
ion  of  the  Laws  —  Sustains  a  Proposition  for  Revision  of  State 
Constitution  —  His  Views  on  that  Question  —  Proceedings  of 
the  Legislature  upon  the  Subject  —  Measures  affecting  Relig 
ious  Freedom  —  Assessment  proposed,  but  not  acted  on  — 
Question  of  Incorporation  of  Religious  Societies  —  Mr.  Madison 
opposed  to  both  —  Questions  of  Federal  Policy  —  Mr.  Henry 
favors  invigoration  of  Federal  Authority,  with  coercive  Power 
in  Congress  —  Resolution  passed  for  vesting  in  Congress  Power 
to  prohibit  Trade  with  Nations  refusing  Reciprocity  —  Execu 
tion  of  Treaty  of  Peace  with  regard  to  British  Debts  —  Op 
posed  by  Mr.  Henry  —  Proposition  of  Mr.  Madison  on  the 
Subject  —  Honors  to  Washington  —  Mr.  Madison  takes  a  lead 
ing  part  in  them  —  His  eloquent  Inscription  for  the  Statue  — 
General  Washington  and  Mr.  Madison  exert  themselves  to  ob 
tain  a  Grant  to  Paine  for  his  Revolutionary  Services  —  Subse 
quent  Ingratitude  of  Paine 540-575 

CHAPTER  XIX. 

Occupations  of  Mr.  Madison  during  Recess  of  the  Legislature  — 
Able  Letter  to  Mr.  Jefferson  on  Right  to  Navigation  of  the 
Misssissippi  —  Sets  out  on  a  Tour  to  the  North  —  Meets  with 
the  Marquis  Lafayette  —  Accompanies  him  to  an  Indian  Treaty* 
in  the  Western  part  of  New  York  —  Incidents  at  the  Treaty  — 
Impressions  of  Lafayette's  Character  —  Reassembling  of  the 
Legislature  —  Mr.  Madison  made  Chairman  of  Committee  of 
Courts  of  Justice  —  Reports  Plan  for  establishing  Courts  of 
Assize  —  Advocates  successfully  the  Enactment  of  a  Law  by 
Virginia  to  repress  and  punish  Enterprises  of  her  Citizens 
against  Nations  with  which  the  United  States  are  at  Peace  — 
This  Act  the  first  Example  of  American  Legislation  to  punish 
those  Offences  against  the  Law  of  Nations  now  known  under 
the  Name  of  Filibustering  —  Renewed  Effort  for  the  Execu 
tion  of  the  Treaty  of  Peace  respecting  British  Debts  ^—  Prop 
osition  made  by  Mr.  Madison  at  the  late  Session  again  brought 
forward  —  Improved  Sentiments  of  the  Legislature  with  re- 


XX  CONTENTS. 

gard  to  it  —  Finally  lost  by  a  singular  Accident  —  General 
Assessment  for  Support  of  Teachers  of  the  Christian  Religion 
again  proposed  —  Warmly  sustained  by  Mr.  Henry  and  other 
distinguished  Members  ^\Mr.  Madison  firmly,  and  almost  singly 
in  Debate,  opposes  it — Outline  of  his  powerful  Argument,  as 
collected  from  a  Fragment  among  his  Papers  —  Progress  of  the 
Measure  in  the  House  —  Bill  for  incorporating  the  Episcopal 
Church  —  Question  of  Assessment,  by  the  persevering  Oppo 
sition  of  Mr.  Madison  and  his  Auxiliaries,  postponed  to  the  next 
Session  of  the  Legislature,  and  in  the  mean  Time  referred  to 
the  People  for  an  Expression  of  their  Sense  upon  it  .  .  576-610 


CHAPTER  XX. 

Visit  of  Washington  and  Lafayette  to  the  Legislature  of  Virginia 
—  Addresses  to  them,  and  their  Replies — Washington  takes  a 
deep  Interest  in  the  Improvement  of  the  navigable  Rivers  of 
Virginia,  to  command  the  Trade  of  the  West — His  able  Let 
ter  to  Governor  Harrison  on  the  Subject  laid  before  the  Leg 
islature  —  Leading  and  active  Part  taken  by  Mr.  Madison  in 
Cooperation  with  him  —  Washington  appointed  by  the  Legisla 
ture  of  Virginia  a  Commissioner  to  concert  with  the  Legislature 
of  Maryland  the  Provisions  of  a  joint  Act  for  improving  and 
extending  the  Navigation  of  the  Potomac  —  Repairs  to  Annap- 
is —  Remarkable  Letter  addressed  by  him  to  Mr.  Madison  in 
explanation  of  the  Proceedings  and  Results  of  his  Mission  — 
Mr.  Madison  introduces  Measures  to  carry  into  full  Effect  the 
Arrangements  agreed  upon  at  Annapolis  —  Other  Measures 
brought  forward  by  Mr.  Madison  to  complete  the  System  of 
Interior  Communications  for  the  State  —  Improvement  of  James 
River  —  Communication  between  Elizabeth  River  and  Albe- 
marle  Sound  —  Reflections  of  Mr.  Madison  upon  the  vast  Im 
portance  and  future  Consequences  of  these  Public  Works  — 
Homage  rendered  by  him  to  Washington's  Greatness  of  Mind 
in  so  earnestly  engaging  in  them  —  Brings  in  a  Bill  to  confer 
upon  him,  in  the  Name  of  the  State,  a  number  of  Shares  in 
the  Works  authorized  —  Adjournment  of  the  Legislature  — 
Agitation  among  the  People  on  the  Assessment  Bill  for  Sup 
port  of  Religious  Teachers — ^freep  Interest  felt  by  Mr.  Madi 
son  in  the  Progress  of  the  Question  —  His  Letters  to  Mr 


ts.A.1 

yOlis 

/ex] 

Mr 


CONTENTS.  XXI 

Monroe  on  the  Subject  —  Prepares  "Memorial  and  Remon 
strance"  against  the  Assessment,  to  be  circulated  among  the 
People  —  Memorial  covered  with  Signatures  in  every  Part  of 
the  State  —  It  decides  forever  the  Fate  of  the  Proposition 
before  the  Legislature  —  Extraordinary  Merits  of  the  Paper  — 
A  Monument  in  itself  of  the  Genius,  Ability,  and  Love  of  Lib 
erty  of  the  Author 611-640 


LIFE  AND   TIMES 


OF 


JAMES    MADISON. 


CHAPTER   I. 

Connection  of  History  and  Biography  —  Birth  and  Family  of  Madi 
son  —  Pioneers  of  Virginia  —  Education  —  Princeton  College  — 
Excitements  produced  by  early  Disputes  between  the  Colonies  and 
Mother  Country — Dr.  Witherspoon  —  Distinguished  College  Asso 
ciates. 

ALTHOUGH  the  Life  of  a  Statesman  derives  a 
large  portion  of  its  interest  from  the  public, 
events  with  which  it  is  associated,  yet  it  would 
be  a  narrow  and  mistaken  view  of  the  welfare  of 
society,  and  of  the  philosophy  of  human  affairs, 
which  should  limit  our  curiosity  and  inquiries  to 
the  mere  exterior,  and,  as  it  were,  professional, 
history  of  public  men.  The  laws  by  which  the 
Divine  Ruler  of  the  universe  has  decreed  an  indis 
soluble  connection  between  public  happiness  and 
private  virtue,  whatever  apparent  exceptions  may 
sometimes  delude  our  short-sighted  judgments, 


VOL.  I. 


2  LIFE   AND  TIMES   OF  MADISON. 

never  fail  in  the  end  to  vindicate  their  supremacy 
and  immutability.  The  great  interests  of  States, 
of  Eepublics  especially,  are  conducted  by  the 
instrumentality  of  numerous  individual  agents ; 
and  as  these  are  virtuous,  competent,  and  wise, 
or  vicious,  faithless,  or  incapable,  the  common 
wealth  prospers,  or  sooner  or  later  falls  into  ruin 
and  decay. 

The  personal  character  and  history,  then,  of 
public  men,  their  moral  principles,  their  intellec 
tual  qualities  and  attainments,  the  circumstances 
which  have  contributed  to  form  and  discipline 
them  in  either  respect,  become  a  most  important 
branch  of  historical  inquiry,  and,  by  a  natural 
and  just  relation,  go  hand  in  hand  with  the  great 
public  questions  in  which  they  have  borne  a  dis 
tinguished  part. 

Of  the  statesmen  of  America,  few  have  had  a 
more  important  agency  in  the  great  scenes  of 
our  national  story,  both  foreign  and  domestic, 
than  James  Madison,  the  fourth  President  of  the 
United  States,  and  none,  it  is  believed,  so  leading 
a  part  in  the  formation  and  establishment  of  the 
great  constitutional  compact  of  government  and 
union  which  crowned  the  labors  of  our  revolu 
tionary  fathers,  and  forms  the  vital  bond  of  our 
present  national  existence.  An  attempt  to  trace 
his  career,  with  reference  both  to  its  public  results 
and  the  principles  and  influences  which  guided 
and  controlled  it,  will,  it  is  hoped,  meet  with  an 
indulgence  from  the  patriotic  sympathies  of  the 


BIRTH  AND  FAMILY.  3 

country,  none  the  less  on  account  of  the  extrar 
ordinary  modesty  of  the  illustrious  actor,  which 
ever  prevented  him  from  speaking  of  himself,  or 
avowing  his  own  just  and  indisputable  claims. 

James  Madison  was  born  on  the  16th  day  of 
March,  1751,  at  the  house  of  his  maternal  grand 
mother,  Mrs.  Conway,  on  the  northern  bank  of 
the  Rappahannock  river,  in  the  county  of  King 
George,  Virginia.  The  residence  of  his  parents 
was  in  the  county  of  Orange,  fifty  or  sixty  miles 
distant ;  but  his  birth  took  place  during  a  visit 
of  his  mother  to  her  ancestral  home  in  the 
"  Northern  Neck  "  of  Virginia  —  a  designation 
which  was  originally,1  and  is  still  popularly,  con 
fined  to  the  narrow  peninsular  region  lying  on 
tide-water  between  the  Potomac  and  Rappahan 
nock  rivers,  and  hallowed  as  the  birthplace  of  a 
long  line  of  illustrious  worthies, — the  Washing- 
tons,  the  Lees,  the  Masons,  the  Monroes,  the 
Jones',  and  others, — whom  it  has  given,  from 
its  fruitful  bosom,  to  the  service  of  the  country. 
He  was  thus,  from  the  moment  and  by  the  ac 
cident  of  his  nativity,  brought  into  close  prox 
imity  and  fellowship  with  many  of  those  with 
whom  he  was  destined  to  be  afterwards  asso 
ciated  in  some  of  the  most  eventful  passages  of 
his  future  life  and  of  the  public  history. 

His  father,  bearing  the  same  name  with  him 
self,  was  a  large  landed  proprietor,  occupied 

1  See  Hening's  Statutes  at  Large,  vol.  i.  p.  352,  and  vol.  in.  pp.  26 
and  27. 


4  LIFE  AND  TIMES   OF  MADISON. 

mainly  with  the  care  and  management  of  his 
extensive  rural  concerns.  A  large  landed  estate 
in  Virginia,  consisting  of  distinct  and  sometimes 
distant  plantations,  with  the  general  supervision 
of  the  agents  and  laborers  employed  or"  -each, 
and  the  negotiations  incident  to  the  periodical 
sale  of  their  produce  and  purchase  of  their  sup 
plies  in  remote  markets,  was  a  mimic  common 
wealth,  with  its  foreign  and  domestic  relations, 
and  its  regular  administrative  hierarchy.  It 
called  for  the  constant  exercise  of  vigilance,  ac 
tivity,  humanity,  sound  judgment,  and  wise  econ 
omy;  and  was  thus  a  school,  both  of  virtue  and 
intelligence,  in  which  many  of  the  patriots  of 
that  day  were  trained  for  public  usefulness.  It 
does  not  appear,  however,  that  the  father  of 
Mr.  Madison  was  ever  engaged  in  political  pur 
suits.  He  was  a  leading  man  in  the  affairs  of  his 
county,  and  held,  during  the  period  of  the  rev 
olutionary  war,  the  ancient  traditional  office  of 
County  Lieutenant,  derived  from  the  institutions  of 
the  mother  country,  the  duties  of  which  he  per 
formed  with  patriotic  zeal  and  diligence. 

The  name  and  family  of  Madison  are  coeval 
with  the  foundation  of  the  Colony.  The  pious 
researches  of  kindred  have  ascertained  that  a 
patent  was  taken  out  for  land  "between  the 
North  and  York  rivers,"  on  the  shores  of  the 
Chesapeake  Bay,  as  early  as  1653,  by  John  Mad 
ison,  who  was  the  father  of  John,  and  he  the 
father  of  Ambrose,  the  paternal  grandfather  of 


PIONEERS   OF   VIRGINIA.  5 

the  President.  More  recent  historical  inquiries 
conducted,  with  a  view  to  general  information, 
by  a  distinguished  member  of  the  Historical 
Society  of  Virginia,1  led  to  the  discovery  of  a 
docv^.  mt,  in  the  State  Paper  Office  at  London, 
containing  a  list  of  the  Colonists  in  1623,  on 
which  the  name  of  Captain  Isaac  Madison  ap 
pears,  only  seventeen  years  after  the  landing  at 
Jamestown.  This  Captain  Isaac  Madison  was, 
doubtless,  identical  with  the  "  Captain  Madyson," 
whose  achievements  in  war  with  the  "  salvages," 
in  the  year  1622,  are  specially  mentioned  in  the 
first  authentic  history  of  the  Colony,  by  its  gal 
lant  and  heroic  preserver,  Captain  John  Smith.2 
The  family,  arriving  among  the  earliest  of  the 
emigrants  in  the  new  world,  and  planting  itself 
on  the  shores  of  the  Chesapeake,  extended  its 
scions,  in  little  more  than  a  century,  to  the 
waters  of  the  Mississippi,  braving,  with  heroic 
constancy,  the  hardships  of  a  then  unbroken  wil 
derness,  and  the  terrors  of  Indian  ferocity  and 
revenge  against  the  intruding  and  progressive 
white  man. 

Among  the  papers  of  President  Madison  is  a 
letter  addressed  to  his  father  in  1753  by  John 
Madison,  the  pioneer  of  the  western  branch  of 
the  family,  who  had  then  recently  established 
himself  in  the  transmontane  region  of  Virginia. 

l  See  Report  of  the  Executive        2  Smith's  History  of  Virginia, 
Committee  of  the  Virginia  Histor-     book  iv. 
ical  Society  in  1856,  by  Con  way 
Robinson,  Esq. 

1* 


6  LIFE   AND   TIMES   OF  MADISON. 

It  presents  so  lively  a  picture  of  the  dangers, 
distresses,  and  hardships  of  our  ancestors  who 
first  occupied  that  portion  of  the  State,  and  of 
the  mingled  bravery  and  tenderness,  resignation 
and  magnanimity,  which  they  displayed  in  their 
trials,  that  some  passages  of  it  are  here  inserted, 
as  belonging,  of  right,  to  the  domain  of  history. 
From  familiarity  with  danger,  the  intrepidity  of 
the  writer  seems  sometimes  to  turn  almost  to 
recklessness. 

"Four  families,  on  their  flight  from  a  branch 
of  New  River,  this  minute  passed  by  my  house, 
who  say  that  five  men  were  murdered  at  the 
house  of  Ephraim  Voss  on  Roanoke  since  the 
death  of  Col.  Pattern.  'Tis  shocking  to  think  of 
the  calamity  of  the  poor  wretches  who  lived  on 
the  Holston  and  New  rivers,  who  for  upwards 
of  a  hundred  miles  have  left  their  habitations, 
lost  their  crops  and  vast  numbers  of  their  stock. 
Could  you  see,  dear  friend,  the  women  who  es 
caped  crying  after  their  murdered  husbands,  with 
their  helpless  children  hanging  on  them,  it  could 
but  wound  your  very  soul." 

"As  the  Governor  has  been  pleased  to  appoint 
Captain  Andrew  Lewis  the  Lieutenant  of  this 
county,  I  expect  I  shall  see  his  instructions  at 
court.  Perhaps  he  may  fall  upon  some  measures 
to  put  a  stop  to  the  inroads  of  those  barbarians, 
without  giving  the  people  below  the  trouble  of 
marching  over ;  of  which  I  will  write  to  you  by 
Mr.  Semple." 


PIONEERS   OF   VIRGINIA.  7 

"I  am  extremely  obliged  to  all  my  good 
friends  for  the  guns  sent.  Pray  tell  them  they 
shall  be  carefully  returned,  as  soon  as  I  can  be 
otherwise  provided.  I  am  also  much  obliged  to 
you  for  your  kind  invitation,  and  much  to  my 
good  aunt  for  the  concern  she  expressed  to  Mr. 
Johnston  for  our  welfare.  But  when  I  consider 
what  a  train  I  have,  I  cannot  think  of  being  so 
troublesome.  Besides,  should  I  lose  my  all  with 
my  life,  I  think  my  children  had  as  well  go 
hence,  whilst  in  a  state  of  innocency. 
"I  am,  with  the  greatest  esteem, 

"Your  affectionate  kinsman, 

"JNO.  MADISON." 

"August  19,  1753." 

In  a  postscript,  after  reciting  some  further  out- 
rages  of  the  Indians,  he  concludes  with  the  fol 
lowing  characteristic  passage : — 

"I  verily  believe  they  are  determined  on  our 
destruction.  However,  as  they  come  in  small 
parties,  if  they  will  be  so  kind  as  to  stay  till  I 
have  finished  my  fort,  may  Heaven  send  me  a 
few  of  them.  Perhaps  I  may  defray  all  expenses. 
Farewell." 

From  the  writer  of  this  letter,  who  was  the 
first  cousin  of  President  Madison's  father,  sprang 
the  Right  Reverend  James  Madison,  the  first 
Bishop  of  the  Protestant  Episcopal  Church  of 
Virginia,  and  long  the  distinguished  head  of  Wil 
liam  and  Mary  College;  Col.  George  Madison  of 
Kentucky,  who  served  with  brilliant  distinction 


8  LIFE   AND    TIMES   OF  MADISON. 

in  the  war  of  1812,  and  was  subsequently  gov 
ernor  of  that  State;  and  several  other  brothers 
who  enjoyed  a  large  share  of  the  esteem  and 
consideration  of  their  countrymen.  The  annals 
of  the  State,  of  the  Army,  and  of  the  Church 
have  thus,  all  in  their  turn,  been  illustrated  by 
the  name  of  Madison. 

The  father  of  President  Madison  resided,  dur 
ing  his  whole  life,  upon  the  Montpelier  estate, 
which  became  afterwards  the  residence  of  his 
son,  as  it  had  been  of  his  own  father,  Mr.  Ambrose 
Madison.  It  was  always  the  seat  of  hospitality, 
rendered  doubly  attractive  by  the  picturesque 
grandeur  of  its  mountain  scenery,  and  the  hearti 
ness  and  cordiality  of  its  possessors.  The  mother 
of  Mr.  Madison,  Eleanor  Conway,  must  in  her  day 
have  added  largely  to  the  attractions  of  the  so 
cial,  as  she  undoubtedly  did,  in  the  highest  degree, 
to  the  happiness,  comfort,  and  usefulness  of  the 
domestic  scene.  Nothing  is  more  touching  and 
beautiful  in  the  life  of  her  illustrious  son  than 
the  devoted  tenderness  for  his  mother  with  which 
her  virtues  and  character  inspired  him — ever  re 
curring  with  anxious  thoughtfulness,  in  the  midst 
of  his  most  important  occupations,  to  her  delicate 
health,  and  after  the  close  of  his  public  labors, 
personally  watching  over  and  nursing  her  old 
age  with  such  pious  care  that  her  life  was  pro 
tracted  to  within  a  few  years  of  the  term  of  his 
own.  His  father  was,  no  less,  the  object  of  his 
dutiful  and  affectionate  attachment  and  respect. 


EDUCATION.  9 

The  correspondence  between  them,  from  the  pe 
riod  of  young  Madison's  being  sent  to  Princeton 
College  in  1769  to  the  installation  of  the  ma 
tured  and  honored  statesman  in  the  office  of 
Secretary  of  State  in  1801,  when  the  father 
died,  has  been  carefully  preserved,  and  shows 
how  much  they  were  bound  to  each  other  by 
sentiments  of  mutual  confidence  and  respect, 
even  more  than  by  ties  of  natural  affection. 

James  Madison  was  the  eldest  of  a  family  of 
seven  children  who  attained  years  of  maturity — 
four  sons  and  three  daughters.  His  brothers, 
Francis,  Ambrose,  and  William,  enjoying,  in  the 
main,  the  same  opportunities  of  liberal  education 
with  himself,  were  led  by  circumstances  or  taste 
after  the  close  of  the  revolutionary  war,  in  the 
military  duties  of  which  two  of  them  bore  a 
part,  to  prefer  the  paths  of  private  life,  in  which 
they  were  warmly  esteemed  and  beloved.  His 
sisters,  superadding  accomplishments  and  solid  in 
struction  to  natural  charms,  married  gentlemen 
of  the  highest  respectability  and  intelligence, 
and  adorned  with  their  virtues  and  graces  the 
spheres  of  life  in  which  they  moved. 

James,  being  the  eldest  of  the  sons,  was  the 
first  to  pass  through  the  ordeal  of  the  scholastic 
training  which  his  father,  appreciating  its  advan 
tages  so  much  the  more  from  having  been  de 
prived  of  them,  in  a  great  degree,  by  the  rude 
and  imperfect  state  of  education  in  his  own 
youth,  was  honorably  anxious  to  secure  to  his 


10  LIFE   AND   TIMES   OF   MADISON. 

children.  His  novitiate  was  passed  at  a  school 
of  much  reputation  in  the  county  of  King  and 
Queen,  conducted  by  an  erudite  Scotchman  of 
the  name  of  Donald  Robertson.  In  this  school, 
he  was  instructed  mainly  in  the  Greek,  Latin, 
French,  and  Spanish  languages.  He  seems  to 
have  retained  in  after  life  a  very  lively  impres 
sion  of  the  erudition  of  his  preceptor,  as  we  find 
the  following  memorandum  indorsed  by  him  on 
a  letter  received  in  1804,  when  he  was  Secre 
tary  of  State,  from  a  certain  Isaac  Robertson, 
preferring  his  claims  to  a  share  of  the  public 
patronage  :  "  The  writer  is  son  of  Donald  Rob 
ertson,  the  learned  Teacher  in  King  and  Queen 
County,  Virginia."  It  was  probably  from  this 
Mr.  Robertson  that  Mr.  Madison  originally  de 
rived,  with  much  sound  learning,  a  somewhat 
rugged  and  inharmonious  pronunciation  of  the 
French  language,  for  which  he  always  apologized 
as  his  Scotch-French — a  dialect  not  likely  to  be 
unproved  by  the  subsequent  instructions  and  ex 
ample  of  the  learned  and  patriotic  Dr.  Wither- 
spoon. 

After  leaving  the  school  of  Mr.  Robertson, 
young  Madison  prosecuted  his  studies  at  home, 
under  the  tuition  of  the  Rev.  Thomas  Martin, 
the  established  minister  of  the  parish,  who  lived, 
at  the  time,  in  the  family  at  Montpelier.  This 
gentleman  was  from  New  Jersey,  though  he 
had  near  connections  in  North  Carolina,  where 
one  of  his  brothers  then  resided,  and  after- 


PRINCETON  COLLEGE.  11 

wards  became  governor  of  that  State.  He  ap 
pears  to  have  been  a  man  of  both  learning 
and  piety ;  and  while  preparing  his  youthful 
pupil  for  college,  acquired  a  strong  hold  on  his 
friendship  and  esteem.  What  were  the  precise 
circumstances  which  determined  the  collegiate 
destination  of  young  Madison  to  Princeton,  in 
stead  of  Williamsburg,  where  most  of  the  young 
men  of  Virginia  were  then  educated,  is,  perhaps, 
at  this  day,  not  very  accurately  known.  It  has 
been  suggested  that  the  unhealthiness  of  the 
latter  place,  particularly  for  those  reared  in  the 
mountain  climate  of  Virginia,  was  the  chief  mo 
tive  of  the  decision  made  in  favor  of  the  former. 
But  it  is  highly  probable  that  the  unhappy  divis 
ions  which  existed,  about  that  time,  between  the 
Board  of  Visitors  of  William  and  Mary  College 
and  its  Faculty,  together  with  the  unpopularity 
of  the  President,  the  Kev.  Mr.  Horrocks,  who,  in 
the  excitement  which  then  prevailed  on  the  dis 
turbing  question  of  an  American  Episcopate,  was 
suspected  of  too  eager  aspirations  to  the  mitre,1 
contrasted  with  the  harmonious  councils  and  ris 
ing  reputation  of  Nassau-Hall,  under  the  rule  of 
Dr.  Witherspoon,  whose  name  had  just  brought 
to  that  institution  the  prestige  of  a  European 
renown,  were  not  without  their  due  share  of  in 
fluence  on  the  choice  finally  made. 

The   following   letter  of  Mr.   Madison,  then   a 

1   See  History  of  Old  Churches  and  Ministers  in  Virginia,  by  Bishop 
Meade,  vol.  I.  pp.  168-173,  and  175,  in  note. 


12  LIFE  AND  TIMES   OF  MADISON. 

youth  of  eighteen  years  of  age,  addressed  to 
his  late  preceptor,  just  after  his  introduction  to 
the  academic  shades  of  Princeton,  presents  so 
pleasing  a  picture  of  his  amiable  nature,  of  his 
literary  ardor,  and  of  the  nascent  graces  of  a 
pen  destined,  in  its  maturity,  to  be  among  the 
most  polished  of  the  age,  that  we  cannot  with 
hold  it  from  the  reader,  especially  as  it  happens 
to  be  the  one  of  the  earliest  date  now  extant. 

"NASSAU-HALL,  August  10th,  1769. 

"BEVEREND  SIR:  I  am  not  a  little  affected  at 
hearing  of  your  misfortune,  but  cannot  but  hope 
the  cure  may  be  so  far  accomplished  as  to  ren 
der  your  journey  not  inconvenient.  Your  kind 
advice  and  friendly  cautions  are  a  favor  that 
shall  be  always  gratefully  remembered :  and  I 
must  beg  leave  to  assure  you  that  my  happi 
ness,  which  you  and  your  brother  so  ardently 
wish  for,  will  be  greatly  augmented  by  both 
your  enjoyments  of  the  like  blessing." 

"I  have  been  as  particular  to  my  father  as  I 
thought  necessary  for  this  time,  as  I  send  him 
an  account  of  the  institution,  &c.,  wrote  by  Mr 
Blair,  the  gentleman  formerly  elected  President 
of  this  college.  You  will  likewise  find  two  pam 
phlets,  entitled,  '  Britannia's  Intercession  for  John 
Wilkes,  &c.  &c.,'  which,  if  you  have  not  seen, 
may  perhaps  divert  you." 

"The  near  approach  of  Examination  occasions 
a  surprising  application  to  study  on  all  sides ; 


PRINCETON  COLLEGE.  13 

and  I  think  it  very  fortunate  that  I  entered  col 
lege  immediately  after  my  arrival.  Though  I 
believe  there  will  not  be  the  least  danger  of  my 
getting  an  Irish  hint,  as  they  call  it,  yet  it  will 
make  my  future  studies  somewhat  easier;  and  I 
have,  by  that  means,  read  over  more  than  half 
Horace,  and  made  myself  pretty  well  acquainted 
with  prosody,  both  which  will  be  almost  neg 
lected  the  two  succeeding  years." 

"The  very  large  packet  of  letters  for  Caro 
lina,  I  am  afraid,  will  be  incommodious  to  your 
brother  on  so  long  a  journey,  to  whom  I  desire 
my  compliments  may  be  presented,  and  conclude 
with  my  earnest  request  for  a  continuance  of 
both  your  friendships,  and  sincere  wishes  for 
your  recovery  and  an  agreeable  journey  to  your 
whole  company. 

"I  am,  sir,  your  obliged  friend 

"And  humble  servant, 

"JAMES  MADISON." 

"  To  the  REV.  THOS.  MARTIN. 

"  P.  S.  Sawney  tells  me  that  your  mother  and 
brothers  are  determined  to  accompany  you  to 
Virginia.  My  friendship  and  regard  for  you  en 
title  them  to  my  esteem ;  and  assure  them  that, 
with  the  greatest  sincerity  I  wish,  after  a  pleas 
ant  journey,  they  may  find  Virginia  capable  of 
giving  them  great  happiness.  J.  M." 

The  young  Virginian,  invested  with  the  toga  vi- 
rilis  of  anticipated  manhood,  we  now  see  launched 


VOL.    I. 


14  LIFE   AND  TIMES   OF   MADISON. 

on  that  disciplinary  career  which  is  to  form  him 
for  the  future  struggles  of  life.  The  moment  is 
one  not  only  of  deep  interest  in  his  own  per 
sonal  fortunes,  but  of  a  most  marked  and  stir 
ring  character  in  the  history  of  the  world.  The 
year  1769  witnessed  the  fatal  renewal  of  the 
controversies  between  the  British  Colonies  in 
America  and  the  mother  country,  which  were 
thenceforward  to  go  on  with  increasing  compli 
cation  and  violence  till  they  terminated  in  the 
disruption  of  the  empire. 

The  scheme  of  George  Grenville  for  taxing 
unrepresented  America,  abandoned  by  the  short 
lived  Whig  administration  of  Lord  Rockingham, 
had  been  already  revived  by  the  arrogant  temer 
ity  of  Charles  Townshend,  accompanied  with  the 
odious  machinery  of  a  Board  of  Trade,  new-fan 
gled  courts  of  admiralty,  and  arrangements  for 
quartering  British  troops  on  the  Colonies.  The 
two  Houses  of  Parliament,  in  a  joint  address  to 
the  King,  had  just  had  the  folly  to  repeat  their 
determined  adhesion  to  all  these  pernicious  meas 
ures,  to  which  they  added  the  fresh  provocation 
of  calling  upon  the  Ministers  to  put  in  action  an 
obsolete  and  unconstitutional  statute  for  bring 
ing  home,  for  trial  and  punishment  in  England, 
those  who  should  be  accused  of  offending  against 
the  unlimited  supremacy  claimed  by  them  in 
America.  The  House  of  Burgesses  of  the  Col 
ony  to  which  young  Madison  belonged  had,  at 
its  session  in  the  month  of  May  preceding  the 


COLONIAL  DISPUTES.  15 

date  of  his  letter  given  above,  adopted  Resolu 
tions  of  patriotic  and  indignant  remonstrance 
against  these  proceedings,  and  was  instantly  dis 
solved.  The  example  of  Virginia  was  promptly 
followed,  with  noble  spirit,  by  Massachusetts  and 
several  of  the  other  colonies ;  and  their  legisla 
tive  assemblies  were,  in  like  manner,  arbitrarily 
and  rudely  dissolved. 

These  agitating  events,  which  marked  the  year 
1769  in  America,  were,  by  a  singular  coincidence, 
matched  with  scenes  of  corrresponding  excite 
ment,  occurring  at  the  same  time  in  the  domes 
tic  politics  of  England.  The  memorable  Resolu 
tion  of  the  House  of  Commons,  nullifying  the 
election  of  John  Wilkes  for  the  County  of  Mid 
dlesex,  which,  in  its  antecedents  and  conse 
quences,  convulsed  the  British  nation  with  one 
of  the  most  violent  and  protracted  constitutional 
struggles  it  has  ever  known,  dates  from  this 
eventful  year.  Besides  the  parliamentary  de 
bates  of  surpassing  power  to  which,  in  conjunc 
tion  with  the  American  question,  it  gave  rise, 
and  in  which  the  great  names  of  Chatham,  Cam- 
den,  Burke,  and  Fox  were  in  constant  battle- 
array  against  those  of  Mansfield,  North,  Wedder- 
burne,  and  their  ministerial  compeers,  it  caused 
the  Press  to  teem  with  a  brood  of  controversial 
pamphlets,  which  found  their  way  to  America, 
and  of  which  two,  we  have  just  seen,  were  sent 
home  by  young  Madison  for  the  perusal  of  his 
father,  and  of  the  learned  and  excellent  gentle- 


16  LIFE   AND   TIMES   OF  MADISON. 

man  who  was  lately  his  tutor.  But,  among  the 
political  writers  of  the  day,  one  rose  to  a  splen 
dor  and  height  of  renown  which  will  forever  sig 
nalize  the  year  1769,  as  that  in  wrhich  the  let- 
ters  of  Junius  to  the  Public  Advertiser  first  made 
their  appearance,  and  drew  upon  the  mysterious 
combatant,  whose  impenetrable  mask  has  never 
yet  been  lifted,  the  mingled  wonder,  admiration, 
and  imitative  zeal  of  the  age. 

Amid  such  thronging  excitements,  both  in  the 
Colonies  and  the  metropolitan  seat  of  empire,  to 
arouse  and  stir  the  youthful  minds  of  America, 
it  was  a  happy  circumstance  for  them  and  the 

country   that    so    superior    a    spirit    as    that    of 

Dr.  Witherspoon  then  directed  the  instruction 
and  discipline  of  one  of  its  chief  establishments 
of  learning.  It  was  only  the  year  before  Mr. 
Madison's  entrance  into  the  college  of  Princeton, 
that  this  truly  great  man,  and  ardent  lover  and 
champion  of  American  freedom,  as  he  afterwards 
approved  himself,  was  called  to  preside  over  it. 
At  the  ripened  age  of  forty-six  years,  he  brought 
with  him  the  learning  and  science  of  his  native 
country  in  its  meridian  glory,  while  it  was  yet 
illustrated  and  adorned  by  the  living  lights  of 
Smith,  Hume,  Reid,  Kaimes,  Robertson,  and  Blair; 
a  spirit  of  profound  philosophy,  imbibed  from 
the  companionship  of  these  master  minds ;  a 
sympathy  and  attachment  for  popular  rights, 
nurtured  in  the  contests  he  had  waged  against 
the  claims  of  privilege  and  patronage  in  his 


DR.  WITHERSPOON.  17 

mother  church ;  a  practical  wisdom  and  talent 
for  affairs  acquired  by  the  experience  of  life; 
and  a  purity,  manliness,  and  conscientious  cour 
age  and  energy,  all  his  own. 

These  rich  gifts  he  laid  on  the  altar  of  his 
adopted  country,  and  devoted  in  an  especial 
manner,  while  the  continuance  of  the  public 
tranquillity  permitted,  to  the  service  of  the  Insti 
tution  over  which  he  presided.  Among  the  im 
portant  reforms  he  introduced  into  the  system 
of  studies  there,  were  an  enlargement  of  the 
mathematical  course,  a  special  attention  to  meta 
physical  science,  which  had  recently  made  such 
marked  advances  under  the  lead  of  the  great 
minds  of  his  own  country,  an  extension  of  the 
course  of  moral  philosophy,  so  as  to  embrace 
the  general  principles  of  public  law  and  politics, 
a  course  of  history,  and  regular  instruction, 
practical  and  theoretic,  in  the  canons  of  criticism 
and  taste,  and  the  art  of  literary  composition. 
In  these  peaceful  but  fruitful  fields,  he  labored 
earnestly  and  faithfully  for  the  intellectual  and 
moral  training  of  the  youth  of  America,  till  he 
was  called  by  the  course  of  events  and  the  con 
fidence  of  the  country  to  play  a  more  conspicu 
ous  and  responsible  part  on  the  stage  of  public 
affairs.  Thenceforward,  as  one  of  the  ivorldng 
men  and  most  active  patriots  of  the  Revolution, 
his  name  stands  in  imperishable  connection,  not 
only  with  the  Declaration  of  American  Indepen 
dence,  and  the  Articles  of  Confederation  and 
2* 


18  LIFE   AND  TIMES   OF  MADISON. 

perpetual  Union,  of  both  of  which  he  was  a 
signer,  but  with  all  the  great  acts  of  the  old 
Congress,  from  the  beginning  to  the  close  of  the 
glorious  struggle. 

The  following  letter  from  young  Madison  to 
his  father  gives  us  a  familiar  home  view  of  his 
Alma  Mater,  where  he  was  now  beginning  to  lay 
the  deep  foundations  of  his  future  usefulness  and 
distinction,  (with  an  incidental  mention  of  names 
which  afterwards  became  historical,)  that  will  be 
none  the  less  interesting  for  the  youthful  naivete 
of  the  writer. 

"NASSAU-HALL,  September  30th,  '69. 

"  HONORED  SIR  :  I  received  your  letter  by  Mr. 
Eosekrans,  and  wrote  an  answer;  but  as  it  is 
probable  this  will  arrive  sooner  which  I  now 
write  by  Dr.  Witherspoon,  I  shall  repeat  some 
circumstances,  to  avoid  obscurity." 

"  On  Wednesday  last,  we  had  the  annual  Com 
mencement.  Eighteen  young  men  took  their 
Bachelor's  degrees,  and  a  considerable  number 
their  Master's  degrees.  The  degree  of  Doctor 
of  Laws  was  bestowed  on  Mr.  Dickinson,  the 
Farmer,1  and  Mr.  Galloway,  the  Speaker  of  the 
Pennsylvania  Assembly8 — a  distinguished  mark 
of  honor,  as  there  never  was  any  of  that  kind 
conferred  before  in  America.  The  Commence 
ment  began  at  10  o'clock,  when  the  President 

1  Author  of  the  Farmer's  Let-        %  This  gentleman  afterwards  tar- 
ters,  so  justly  celebrated.  nished  all  his  honors  by  defection 

from  the  American  cause 


COMMENCEMENT  AT  PRINCETON.      19 

walked  first  into  the  church,  the  Board  of  Trus 
tees  following,  and  behind  them  those  that  were 
to  take  their  Master's  degrees,  and  last  of  all, 
those  that  were  to  take  their  first  degrees. 

"After  a  short  prayer  by  the  President,  the 
head  oration,  which  is  always  given  to  the  great 
est  scholar,  was  pronounced  by  Mr.  Samuel  Smith, 
son  of  a  Presbyterian  minister  in  Pennsylvania. 
Then  followed  the  other  orations,  disputes,  and 
dialogues,  distributed  to  each  according  to  his 
merit ;  and,  last  of  all,  was  pronounced  the  val 
edictory  oration,  by  Mr.  John  Henry,  son  of  a 
gentleman  in  Maryland.  This  is  given  to  the 
greatest  orator. 

"We  had  a  very  great  assembly  of  people,  a 
considerable  number  of  whom  came  from  New 
York.  Those  at  Philadelphia  were  most  of  them 
detained  by  races,  which  were  to  follow  the 
next  day 

"The  Trustees  have  appointed  Mr.  Caldwell,  a 
minister  at.  Elizabethtown,  to  take  a  journey 
through  the  Southern  Provinces,  as  far  as  Geor 
gia,  to  make  collections,  by  which  the  college 
fund  may  be  enabled  to  increase  the  Library, 
provide  an  apparatus  of  mathematical  and  phil 
osophical  instruments,  and  likewise  to  support 
professors,  which  would  be  a  great  addition  to 
the  advantages  of  this  college.  Dr.  Witherspoon's 
business  in  Virginia  is  nearly  the  same,  as  I  con 
jecture,  and  perhaps  to  form  some  acquaintance, 
to  induce  gentlemen  to  send  their  sons  to  this 
college 


20  LIFE  AND  TIMES   OF  MADISON. 

"I  feel  great  satisfaction  at  the  assistance  my 

uncle  B has  derived  from  the  Springs,  and  I 

flatter  myself,  from  the  continuance  of  my  moth 
er's  health,  that  Dr.  Shore's  skill  will  effectually 
banish  the  cause  of  her  late  indisposition. 

"I  recollect  nothing  more  at  present  worth 
relating;  but  as  often  as  opportunity  and  any 
thing  worthy  your  attention  may  occur,  be  as 
sured  you  shall  hear  from 

"Your  affectionate  son, 

"JAMES  MADISON. 

"  COL.  JAMES  MADISON,  Orange  Co.,  Va." 

Mr.  Madison  continued  his  residence  as  an  un 
dergraduate  at  Princeton  for  three  years,  during 
which  time,  by  a  diligence  and  ardor  in  the 
prosecution  of  his  studies  which  cost  him  a  seri 
ous  detriment  to  his  health,  he  completed  the 
entire  course  of  instruction  there.  In  1771,  at 
the  age  of  twenty  years,  he  closed  his  collegiate 
career  with  the  degree  of  Bachelor  of  Arts. 
There  can  be  no  doubt  that  the  intellectual 
training  through  which  he  passed  in  this  institu 
tion,  the  habits  and  associations  he  formed  there, 
the  example,  both  literary  and  personal,  as  well  as 
the  instructions,  of  its  distinguished  head,  exerted 
a  very  large  influence  in  moulding  the  character 
of  his  mind  and  shaping  his  future  destiny. 

We  have  seen  how  liberal  and  expansive  a 
field  of  inquiry  was  opened  to  the  student  by 
the  additions  which  Dr.  Witherspoon  made  to 


COURSE  OF  STUDY.  21 

the  previous  curriculum  of  the  college.  The  in 
creased  attention  paid  to  the  study  of  the  nature 
and  constitution  of  the  human  mind,  and  the 
improvements  which  had  been  lately  introduced 
into  this  fundamental  department  of  knowledge 
by  the  philosophical  inquiries  of  his  own  coun 
trymen,  constituted  a  marked  and  most  impor 
tant  feature  of  Dr.  Witherspoon's  reforms.  Mr. 
Madison  formed  a  taste  for  these  inquiries,  which 
entered  deeply,  as  we  shall  hereafter  have  occa 
sion  to  remark,  into  the  character  and  habits  of 
his  mind,  and  gave  to  his  political  writings  in 
after  life  a  profound  and  philosophical  cast  which 
distinguished  them,  eminently  and  favorably,  from 
the  productions  of  the  ablest  of  his  contempora 
ries. 

Whatever  tendency  there  might  be  supposed 
to  be  in  these  studies  to  encourage  too  specula 
tive  a  turn  of  mind  was  effectually  counteracted 
by  the  lessons  of  experience  derived  from  the 
study  of  history,  a  course  of  which,  we  have 
seen,  was  at  the  same  time  instituted  by  Dr. 
Witherspoon.  To  those  who  may  be  inclined  to 
question  the  importance  of  metaphysical,  as  well 
as  historical,  knowledge  to  public  men,  we  may 
be  permitted  to  cite  the  testimony  of  one  who 
ranked  among  the  most  able  and  successful,  as 
well  as  brilliant,  statesmen  of  his  age  and  coun 
try,  and  who,  in  lamenting  that  the  race  of 
statesmen-lawyers  was  extinct — that  there  were 
no  longer  Clarendons  and  Bacons — declared  there 


22  LIFE  AND  TIMES   OF  MADISON. 

would  be  none  such  any  more  till  men  found 
leisure  and  encouragement  to  climb  up  to  the 
vantage-ground  of  science,  and  when  that  hap 
pens,  "one  of  the  vantage-grounds  to  which  men 
must  climb,"  he  adds,  "  is  metaphysical,  and  the 
other  historical,  knowledge."1 

Nor  was  it  the  able  and  judicious  instruction 
of  the  college  only  that  contributed  to  form  the 
character  of  the  future  statesman,  legislator,  de 
bater,  and  writer.  There  was  in  the  kindred 
zeal,  and  high  scholarship  and  attainments  of  his 
college  associates,  much  that  impelled  him  for 
ward  in  his  unremitting  efforts  of  self-discipline 
and  improvement.  The  young  Smith  mentioned 
by  him  in  the  letter  we  have  just  read,  as  the 
distinguished  scholar  to  whom  the  "  head  oration  " 
was  assigned  at  the  college  commencement,  was 
the  Rev.  Dr.  Samuel  Stanhope  Smith,  who  after 
wards  became  so  celebrated  for  his  literary  and 
philosophical  works,  succeeding  Dr.  Witherspoon, 
whose  daughter  he  married,  in  the  presidency 
of  Princeton  College,  after  having  presided  with 
great  reputation  over  that  of  Hampden  Sidney 

i  See  Lord  Bolingbroke's  Works,  discover  the  abstract  reason  of  all 

(Letters  on  the  Study  and  Use  of  laws  ;    and   they   must  trace   the 

History,  Lett,  v.)     He  developes  laws  of  particular   States,   espec- 

his  idea,  and  shows  the  reason  and  ially  of  their  own,  from  the  first 

justness  of  it,  in  the  following  sen-  rough  sketches  to  the  more  perfect 

tence  : —  draughts, — from  the    first   causes 

"  They  must  pry  into  the  secret  or  occasions  that  produced  them, 

recesses  of  the  human  heart,  and  through  all  the  effects,  good  and 

become  well  acquainted  with  the  bad,  that  they  produced." 
whole  moral  world,  that  they  may 


HIS   COLLEGE  ASSOCIATES.  23 

in  Virginia.  He  was  the  intimate  friend  and 
correspondent  of  Mr.  Madison  during  the  whole 
period  of  their  lives. 

The  young  Henry  of  Maryland  mentioned  by 
him,  as  the  gifted  orator  who  pronounced  the 
"valedictory"  on  the  same  occasion,  became  in 
after  life  successively  member  of  the  Congress  of 
the  Confederation,  senator  of  the  United  States, 
and  governor  of  his  State ;  and  he  and  Mr.  Madi*- 
son  were  thus  destined  to  renew,  upon  the  theatre 
of  their  common  public  duties,  the  acquaintance 
of  their  early  days."  Among  his  college  contem 
poraries  were  also  Brockholst  Livingston,  future 
judge  of  the  supreme  court  of  the  United  States ; 
William  Bradford  of  Pennsylvania,  future  attor 
ney-general  of  the  United  States  under  the  ad 
ministration  of  Washington;  Hugh  Henry  Brack- 
enridge  of  the  same  State,  distinguished  alike  as 
a  jurist  and  a  writer;  Aaron  Burr,  future  Vice- 
president  of  the  United  States  ;  and  Morgan 
Lewis  of  New  York,  Aaron  Ogden  of  New  Jer 
sey,  and  Henry  Lee  of  Virginia,  all  three,  after 
distinguished  military  and  civil  careers,  becoming 
the  chief  magistrates  of  their  respective  States. 

The  young  men  who  filled  the  halls  of  Prince 
ton  College  at  this  period,  as  at  a  later  day, 
were  animated  with  a  high  spirit  of  public  lib 
erty  and  a  jealous  love  of  constitutional  freedom. 
Breathed  into  them,  as  these  sentiments  were, 
by  their  great  preceptor,  there  was  everything 
in  the  mighty  issues  of  the  time,  and  the  lofty 


24  LIFE  AND  TIMES   OF  MADISON. 

and  sublime  eloquence  with  which  those  issues 
were  discussed  on  both  sides  of  the  Atlantic,  to 
fan  and  invigorate  the  sacred  fire.  One  of  the 
fruits  of  this  patriotic  excitement  was  the  forma 
tion  among  the  students  of  a  new  society  which 
nobly  survives  to  this  day, — the  "American  Whig 
Society," — of  which  Mr.  Madison  is  reputed  to 
have  been  one  of  the  principal  founders.  In  a 
letter  to  his  father,  dated  "Nassau-Hall,  July  23 
1770,"  he  relates,  in  the  following  language  of 
youthful  fervor,  two  significant  incidents  which 
give  honorable  proof  of  the  high  spirit  of  resist 
ance  to  the  unconstitutional  encroachments  of 
the  mother  country,  which  then  actuated  the 
body  of  students  of  Princeton  College. 

"We  have  no  public  news  but  the  base  con 
duct  of  the  merchants  in  New  York,  in  breaking 
through  their  spirited  resolutions  not  to  import, 
a  distinct  account  of  which,  I  suppose,  will 
be  in  the  Virginia  Gazette  before  this  arrives. 
Their  letter  to  the  merchants  in  Philadelphia, 
requesting  their  concurrence,  was  lately  burnt  by 
the  students  of  this  place  in  the  college  yard,  all 
of  them  appearing  in  their  black  gowns,  and  the 
bell  tolling. — The  number  of  students  has  in 
creased  very  much  of  late.  There  are  about  a 
hundred  and  fifteen  in  college  and  the  grammar 
school,  (twenty-two  commence  this  fall,)  all  of 
them  in  American  cloth." 

It  is  a  matter  of  natural  and  interesting  in 
quiry  to  learn  what  were  the  personal  relations 


RELATIONS  WITH  DR.   WITHERSPOON.      25 


formed  between  the  eminent  man  who  was  the 
head  of  this  seat  of  learning  and  patriotism,  and 
the  pupil  upon  whom,  more  than  any  other,  he 
seems  to  have  impressed  the  distinctive  charac 
teristics  of  his  own  mind  ;  for  no  intelligent 
reader,  acquainted  with  their  works,  can  fail  to 
remark  how  much  the  same  clearness  of  analyti 
cal  reasoning,  the  same  lucid  order,  the  same 
precision  and  comprehensiveness  combined,  the 
same  persuasive  majesty  of  truth  and  convic 
tion  clothed  in  a  terse  and  felicitous  diction,1 


1  The  style  of  Mr.  Madison, 
like  that  of  Dr.  Franklin  and  oth 
ers  of  the  best  writers  of  that  age 
of  American  literature,  seems  to 
have  been  formed  by  early  famil 
iarity  with  the  writings  of  Addison. 
The  following  letter  addressed  by 
him,  at  a  later  period  of  his  life, 
to  a  nephew  in  whose  studies  he 
took  a  lively  interest,  contains  such 
valuable  hints  on  this  subject  that, 
for  the  benefit  of  the  young  men 
of  the  country,  as  well  as  for  its 
intrinsic  excellence  and  the  beau 
tiful  tribute  it  pays  to  the  merits 
of  the  Spectator,  and  of  Addison 
in  particular,  we  insert  it  here. 

"  MONTPELIER,  Jan.  4,  1829. 
"  When  I  was  at  an  age  which 
will  soon  be  yours,  a  book  fell  into 
my  hands  which  I  read,  as  I  believe, 
with  particular  advantage.  I  have 
always  thought  it  the  best  that 
had  been  written  for  cherishing  in 
young  minds  a  desire  of  improve 
ment,  a  taste  for  learning,  and  a 

VOL.   I.  3 


lively  sense  of  the  duties,  the  vir 
tues,  and  the  proprieties  of  life. 
The  work  I  speak  of  is  the  Spec 
tator,  well  known  by  that  title.  It 
had  several  authors,  at  the  head 
of  them  Mr.  Addison,  whose  pa 
pers  are  marked  at  the  bottom  of 
each  by  one  of  the  letters  in  the 
name  of  the  muse,  Clio.  They  will 
reward  you  for  a  second  reading, 
after  reading  them  along  with  the 
others. 

"  Addison  was  of  the  first  rank 
among  the  fine  writers  of  the  age, 
and  has  given  a  definition  of  what 
he  showed  himself  to  be  an  exam 
ple.  '  Fine  writing,'  he  says,  '  con 
sists  of  sentiments  that  are  natural, 
without  being  obvious  ; '  to  which 
adding  the  remark  of  Swift,  anoth 
er  celebrated  author  of  the  same 
period,  making  a  good  style  to 
consist  « of  proper  words  in  their 
proper  places,'  a  definition  is  form 
ed,  which  will  merit  your  recollec 
tion  when  you  become  qualified, 
as  I  hope  you  will  one  day  be,  to 


26  LIFE  AND  TIMES   OF  MADISON. 

shine  forth  in  the  productions,  whether  written 
or  spoken,  of  both.  Such  intellectual  affinities, 
joined  to  moral  worth,  could  not  but  form  a 
strong  bond  of  friendship,  and  of  mutual  confi 
dence,  attachment,  and  respect  between  them. 
These  sentiments  are  warmly  manifested  by  the 
pupil  in  a  letter  written  from  Princeton  to  his 
father  the  9th  October,  1771,  in  which  he  says: 

"I  should  be   glad  if  your  health   and  other 

circumstances    should    enable    you    to    visit    Dr. 

Witherspoon  during  his  stay  in  Virginia.      I  am 

persuaded  you  would  be  much  pleased  with  him, 

jmd  that  he  would  be  very  glad  to  see  you." 

Dr.  Witherspoon  continued  to  feel  a  lively  in 
terest  in  the  studies  and  pursuits  of  his  pupil, 
after  the  formal  connection  of  the  latter  with 
the  college  was  terminated.  Young  Madison, 
appreciating  at  its  just  value  the  aid  of  so  en 
lightened  a  guide  and  counsellor,  and  desiring 
also  to  avail  himself  of  the  riches  of  the  college 
library,  determined,  after  his  graduation,  to  pass 
one  year  more  at  Princeton  as  a  private  stu 
dent.  The  preceptor  and  the  pupil  were  des 
tined  to  meet  again,  after  a  lapse  of  nine  years, 
in  the  supreme  councils  of  the  country,  as  co- 
workers  in  the  great  cause  of  national  indepen 
dence  and  national  union. 

employ  your  pen  for  the  benefit  the  time  arrives  for  making  use  of 

of  others,  and  for  your  own  grati-  it,  and  as  a  token  also  of  all  the 

fication.  good  wishes  of  your  affectionate 

"  I  send  you  a  copy  of  the  *  Spec-  uncle.  J.  M." 

tator/  that  it  may  be  at  hand  when 


CHAPTER    II. 

Madison  leaves  Princeton  and  returns  to  his  Father's  Residence  m 
Virginia  —  His  Studies  and  Pursuits  at  Home  —  Correspondence 
with  his  College  Friend,  Bradford  of  Philadelphia  —  Religious  Sen 
timents —  Traits  of  Personal  Character  —  Progress  of  Controversy 
with  the  Mother  Country  —  Persecution  of  Baptists  in  Virginia 
excites  Indignation  of  Madison  —  Early  Champion  of  Religious 
Freedom  —  Established  Church  in  Virginia  —  Conduct  and  Influ 
ence  of  its  Members  in  the  Contest  for  Independence. 

IN  1772,  Mr.  Madison,  then  twenty-one  years 
of  age,  returned  to  take  up  his  residence  under 
the  paternal  roof  in  Virginia.  Here  his  love  of 
study  followed  him ;  and  he  divided  his  time 
between  an  extensive  course  of  reading  for  his 
own  improvement,  and  the  amiable  office  of  in 
structing  his  younger  brothers  and  sisters  in  the 
rudiments  of  literature.  The  temporary  lull  in 
our  controversies  with  the  mother  country  hap 
pily  enabled  him,  for  a  year  or  two,  to  give 
himself  up  to  these  peaceful  and  edifying  pur 
suits  with  but  little  distraction. 

The  port  duties  imposed  upon  the  Colonies, 
after  the  repeal  of  the  Stamp  Act,  had  in  their 
turn  been  repealed  also,  with  the  single  excep 
tion  of  the  duty  of  three  pence  on  tea,  which, 


28  LIFE   AND    TIMES   OF  MADISON. 

contemptible  as  it  was  in  amount,  was  obstinately 
retained  by  the  infatuation  of  Lord  North,  as  a 
symbol  of  the  legislative  supremacy  of  England; 
he  madly  declaring  that  a  total  repeal,  which  was 
urged  by  some  of  the  ablest  of  his  colleagues 
in  the  Cabinet,  as  well  as  by  the  leaders  of  the 
opposition  in  Parliament,  "was  not  to  be  thought 
of,  till  America  is  prostrate  at  our  feet."  Amer 
ica  wisely  contented  herself,  for  a  season,  with 
a  calm  but  effectual  resistance  by  associations 
generally  entered  into,  and  for  the  most  part 
religiously  kept,  not  to  consume  any  tea  of  Brit 
ish  importation,  so  long  as  it  was  the  subject  of 
unconstitutional  taxation. 

A  brief  period  of  comparative  tranquillity  en 
sued.  During  this  interval  we  find  Mr.  Madison, 
from  the  bosom  of  the  peaceful  retirement  in 
which  he  was  prosecuting  his  studies  with  no 
other  discouragement  than  that  of  the  feeble 
health  he  had  brought  with  him  from  Prince 
ton,  cultivating  the  pleasures  of  ingenuous  friend 
ship  in  a  free  epistolary  intercourse  with  some  of 
his  late  college  companions.  Among  these  was 
young  Bradford  of  Philadelphia,  whose  name  has 
been  already  mentioned.  He  was  two  or  three 
years  the  junior  of  Mr.  Madison ;  but  congen 
ial  tastes  and  sentiments  formed  a  strong,  mu 
tual  attachment  between  them.  The  subsequent 
career  of  Bradford,  first  as  a  gallant  officer  of 
the  army  during  a  portion  of  the  revolutionary 
contest,  afterwards  successively  attorney-general, 


HIS  EARLY  CORRESPONDENCE.  29 

and  judge  of  the  supreme  court,  of  Pennsylvania, 
and  finally  attorney-general  of  the  United  States 
under  the  administration  of  Washington,  in  which 
high  position  his  days  were  prematurely  ended, 
shows  how  worthy  he  was  of  the  friendship  he 
inspired. 

A  cordial  and  unreserved  correspondence  was 
kept  up  between  these  two  young  friends  for 
several  years  after  they  left  their  Alma  Mater, 
from  which  we  propose  to  offer  some  extracts 
as  illustrative  alike  of  the  early  character  of 
Mr.  Madison  and  of  the  contemporary  history  of 
the  country.  We  give  entire  the  first  letter,  as 
revealing  the  inmost  sentiments  of  Mr.  Madison's 
mind  on  topics  of  the  deepest  interest  to  human 
life,  in  a  mingled  tone  of  philosophy  and  friend 
ship,  and  with  an  unstudied  Addisonian  grace, 
which  prefigured  the  future  sage  in  the  youthful 
friend. 

"ORANGE,  Virginia,  Nov.  9,  1772. 

"Mr  DEAR  B :    You   moralize   so    prettily 

that,  if  I  were  to  judge  from  some  parts  of  your 
letter  of  October  13,  I  should  take  you  for  an 
old  philosopher,  that  had  experienced  the  empti 
ness  of  earthly  happiness ;  and  I  am  very  glad 
that  you  have  so  early  seen  through  the  roman 
tic  paintings  with  which  the  world  is  sometimes 
set  off  by  the  sprightly  imaginations  of  the  in 
genious.  You  have  happily  supplied  by  reading 
and  observation  the  want  of  experiment ;  and 
therefore.  I  hope  you  are  sufficiently  guarded 

3* 


30  LIFE   AND   TIMES   OF  MADISON. 

against  the  allurements  and  vanities  that  beset  us 
on  our  first  entrance  on  the  theatre  of  life.  Yet 
however  nice  and  cautious  we  may  be  in  detect 
ing  the  follies  of  mankind,  and  framing  our  econ 
omy  according  to  the  precepts  of  wisdom  and 
religion,  I  fancy  there  will  commonly  remain 
with  us  some  latent  expectation  of  obtaining 
more  than  ordinary  happiness  and  prosperity, 
till  we  feel  the  convincing  argument  of  actual 
disappointment  :  though  I  will  not  determine 
whether  we  shall  be  much  the  worse  for  it,  if 
we  do  not  allow  it  to  intercept  our  views  to 
wards  a  future  state,  because  strong  desires  and 
great  hopes  instigate  us  to  arduous  enterprises, 
fortitude,  and  perseverance. 

"Nevertheless,  a  watchful  eye  must  be  kept 
on  ourselves,  lest,  while  we  are  building  ideal 
monuments  of  renown  and  bliss  here,  we  neglect 
to  have  our  names  enrolled  in  the  annals  of 
heaven.  These  thoughts  come  into  my  mind, 
because  I  am  writing  to  you  and  thinking  of 
you.  As  to  myself,  I  am  too  dull  and  infirm 
now  to  look  out  for  any  extraordinary  things  in 
this  world,  for  I  think  my  sensations  for  many 
months  have  intimated  to  me  not  to  expect  a 
long  or  healthy  life ;  though  it  may  be  better 
with  me  after  some  time,  but  I  hardly  dare  ex 
pect  it,  and  therefore  have  little  spirit  or  elas 
ticity  to  set  about  anything  that  is  difficult  in 
acquiring,  and  useless  in  possessing  after  one  has 
exchanged  time  for  eternity.  But  you  have 


LETTER  TO  MR.  BRADFORD.  31 

health,  youth,  fire,  and  genius  to  bear  you  along 
through  the  high  track  of  public  life,  and  so 
may  be  more  interested  and  delighted  in  im 
proving  on  hints  that  respect  the  temporal, 
though  momentous,  concerns  of  man. 

"I  think  you  made  a  judicious  choice  of  his 
tory  and  the  science  of  morals  for  your  winter's 
study.  They  seem  to  be  of  the  most  universal 
benefit  to  men  of  sense  and  taste  in  every  post, 
and  must  certainly  be  of  great  use  to  youth  in 
settling  the  principles  and  refining  the  judg 
ment,  as  well  as  in  enlarging  knowledge  and 
correcting  the  imagination.  I  doubt  not  but 
you  design  to  season  them  with  a  little  divinity 
now  and  then,  which,  like  the  philosopher's  stone 
in  the  hands  of  a  good  man,  will  turn  them  and 
every  lawful  acquirement  into  the  nature  of  itself, 
and  make  them  more  precious  than  fine  gold. 

"As  you  seem  to  require  that  I  should  be 
open  and  unreserved,  (which  is,  indeed,  the  only 
proof  of  true  friendship,)  I  will  venture  to  give 
you  a  word  of  advice,  though  it  be  more  to 
convince  you  of  my  affection  for  you  than  from 
any  apprehension  of  your  needing  it.  Pray  do 
not  suffer  those  impertinent  fops  that  abound  in 
every  city  to  divert  you  from  your  business  and 
philosophical  amusements.  You  may  please  them 
more  by  admitting  them  to  the  enjoyment  of 
your  company;  but  you  will  make  them  respect 
and  admire  you  more  by  showing  your  indigna 
tion  at  their  follies,  and  by  keeping  them  at  a 


32  LIFE   AND    TIMES   OF  MADISON. 

becoming  distance.  I  am  luckily  out  of  the  way 
of  such  troubles ;  but  I  know  you  are  surrounded 
with  them,  for  they  breed  in  towns  and  popu 
lous  places  as  naturally  as  flies  do  in  the  sham 
bles,  because  there  they  get  food  enough  for 
their  vanity  and  impertinence. 

"I  have  undertaken  to  instruct  my  brothers 
and  sisters  in  some  of  the  first  rudiments  of  lit- 
erature ;  but  it  does  not  take  up  so  much  of  my 
tune  but  I  shall  have  leisure  to  receive  and  an 
swer  your  letters,  which  are  very  grateful  to  me, 
I  assure  you,  and  for  reading  any  performances 
you  may  be  kind  enough  to  send  me,  whether 
of  Mr.  Freneau  or  anybody  else.  I  think  my 
self  happy  in  your  correspondence,  and  desire 
you  will  continue  to  write  as  often  as  you  can, 
as  you  see  I  intend  to  do  by  the  early  and  long 
answer  I  send  you.  You  are  the  only  valuable 
friend  I  have  settled  in  so  public  a  place,  and  I 
must  rely  on  you  for  an  account  of  all  literary 
transactions  in  your  part  of  the  world. 

"I  am  not  sorry  to  hear  of  Livingston's  getting 
a  degree.  I  heartily  wish  him  well,  though  many 
would  think  I  had  but  little  reason  to  do  so; 
and  if  he  would  be  sensible  of  his  opportunities 
and  encouragement,  I  think  he  might  still  re 
cover.  L and  his  compeers,  after  their 

feeble  but  wicked  assault  upon  Mr.  Erwin,  in 
my  opinion,  will  disgrace  the  catalogue  of  names; 
but  they  are  below  contempt,  and  I  spend  no 
more  words  about  them. 


HIS  RELIGIOUS   SENTIMENTS.  33 

"And  now,  my  friend,  I  must  take  my  leave 
of  you,  but  with  such  hopes,  that  it  will  not  be 
long  before  I  receive  another  epistle  from  you, 
as  make  me  more  cheerfully  conclude  and  sub 
scribe  myself  your  sincere  and  affectionate  friend, 

"JAMES  MADISON,  JR. 

"  To  Mr.  WILLIAM  BRADFORD,  JR.,  f 
at  the  Coffee-House,  Philadelphia."  | 

"P.  S.  Your  direction  was  right.  However, 
the  addition  of  'Jr.'  to  my  name  would  not  be 
improper." 

The  reader  will  not  have  failed  to  remark  the 
elevated  strain  of  religious  sentiment  which  per 
vades  the  preceding  letter.  The  advice  which 
young  Madison  gave  his  friend  to  season  his 
other  studies  with  a  due  attention  to  the  oracles 
of  Divine  Truth  was  faithfully  observed  by  him 
self.  Among  his  early  manuscripts,  which  have 
come  down  to  us,  are  minute  and  elaborate  notes 
made  by  him  on  the  Gospels  and  the  Acts  of 
the  Apostles,  which  evince  a  close  and  discrimi 
nating  study  of  the  sacred  writings,  as  well  as 
a  wide  acquaintance  with  the  whole  field  of  the 
ological  literature.  In  one  of  these  notes,  refer 
ring  to  a  chapter  of  the  Acts  of  the  Apostles, 
where  the  Bereans  are  mentioned  as  "  more  no 
ble  than  those  in  Thessalonica,  in  that  they  re 
ceived  the  word  with  all  readiness  of  mind,  and 
searched  the  Scriptures  daily  whether  these  things 
were  so,"  he  commends  their  conduct  "  as  a  noble 


34  LIFE  AND   TIMES   OF  MADISON. 

example  for  all  succeeding  Christians  to  imitate 
and  follow."  After  the  manner  of  the  Bereans, 
he  seems  to  have  searched  the  Scriptures  daily 
and  diligently ;  and  we  give  below,  from  the 
mass  of  his  annotations,  a  few  brief  excerpts,  as 
specimens  of  the  manner  in  which  he  conducted 
and  recorded  his  researches.1 

Nor  were  his  studies  in  this  vital  and  mo 
mentous  branch  of  the  relations  of  humanity, 
confined  to  the  text  of  the  Holy  Scriptures.  He 
explored  the  whole  history  and  evidences  of 
Christianity  on  every  side,  through  clouds  of 
witnesses  and  champions  for  and  against,  from 
the  Fathers  and  schoolmen  down  to  the  infidel 
philosophers  of  the  eighteenth  century.  No  one 

1  In  a  paraphrase  on  the  Gos-  en,  "  Arise,  and  go  into  the  city, 
pel  of  St.  John,  referring  to  the  and  it  shall  be  told  thee  what  thou 
passage  in  which  Mary  Magdalene  shalt  do"  he  subjoins  this  as  the 
is  represented  as  looking  into  the  proper  deduction  from  the  pas- 
Holy  Sepulchre  and  seeing  two  sage :  "  It  is  not  the  talking,  but 
angels  in  white,  one  sitting  at  the  the  walking  and  working  person 
head  and  the  other  at  the  feet,  that  is  the  true  Christian." 
where  the  body  of  the  Saviour  On  doctrinal  points,  the  follow- 
had  lain,  he  makes  the  following  ing  brief  memoranda  and  refer- 
reflection  : —  ences  taken  from  many  others  of 

"  Angels  to  be  desired  at  our  a  like  character,  may  serve  to  show 

feet  as  well  as  at  our  head — not  both  his  orthodoxy  and  his  pene- 

an  angelical  understanding  and  a  tration  : — 

diabolical   conversation  —  not  all         "  Omnisciency  —  God's      fore- 

our  religion    in   our  brains   and  knowledge  doth  not   compel,  but 

tongue,  and  nothing  in  our  heart  permits  to  be  done."     Acts,  ch.  n. 

and  life."  v.  23. 

In  the  same  spirit,  commenting         "  Christ's  divinity  appears  by  St. 
on  the  chapter  of  Acts,  where  Je-  John,  ch.  xx.  v.  28." 
sus  says  to  St.  Paul,  who  had  fallen         "  Resurrection  testified  and  wit- 
to  the  earth  under  the  light  which  nessed   by   the    Apostles.      Acts, 
shined  round  about  him  from  heav-  ch.  IV.  v.  33." 


HIS   RELIGIOUS   SENTIMENTS.  35 

not  a  professed  theologian,  and  but  few  even  of 
those  who  are,  have  ever  gone  through  more 
laborious  and  extensive  inquiries  to  arrive  at 
the  truth.  So  vast  and  so  unwonted  was  the 
research  which,  during  this  period  of  his  life,  he 
had  bestowed  on  religious  investigations,  that, 
when  the  University  of  Virginia  was  established, 
he  was  called  on  by  its  eminent  founder  for  a 
list  of  theological  writers,  ancient  and  modern, 
to  fill  that  department  of  the  university  library. 
The  catalogue  he  furnished  will  ever  remain  a 
memorial  alike  of  his  learning  and  of  his  just 
appreciation  of  the  paramount  importance  of  this 
great  province  of  human  reason  and  faith.1 

What  was  the  result  in  his  mind  of  these 
profound  and  laborious  inquiries,  prosecuted  with 
gll  the  freshness  and  energy  of  his  intellectual 
powers,  appears  very  significantly,  although  inci 
dentally,  in  a  letter  written  by  him  two  years 
later  to  his  young  Pennsylvanian  friend.  Speak 
ing  of  the  celebrated  Tracts  of  Dean  Tucker  on 
the  dispute  between  England  and  her  Ameri 
can  colonies,  which  he  had  just  then  read  with 
much  satisfaction  at  the  practical  solution  of  the 
controversy  recommended  by  that  author,  in  a 
voluntary  separation  of  the  two  countries,  Mr. 
Madison  adds : — 

"At  the  same  time,  his  ingenious  and  plausi 
ble  defence  of  parliamentary  authority  carries  in 
it  such  defects  and  misrepresentations  as  confirm 

1  See  Appendix,  A. 


36  LIFE  AND   TIMES   OF  MADISON. 

me  in  political  orthodoxy,  after  the  same  man 
ner  as  the  specious  arguments  of  infidels  have 
established  the  faith  of  inquiring  Christians." 

To  return,  however,  to  the  order  of  time  in 
following  this  familiar  and  confidential  corre 
spondence,  so  full  of  characteristic  traits.  We 
find  two  letters  of  Mr.  Madison  addressed  to  his 
friend  Bradford  during  the  year  1773,  which,  be 
ing  a  year  of  unusual  political  tranquillity  for 
the  times,  the  correspondence  of  that  date  claims 
our  attention  chiefly  by  its  personal  details,  and 
the  unstudied  revelations  it  gives,  by  the  way, 
of  the  character  of  the  writer.  In  a  letter  of 
the  28th  of  April,  1773,  his  love  of  truth  and 
plain  dealing  strikingly  appears  in  the  following 
passage : — 

"I  am  glad  you  disclaim  all  punctiliousness  in 
our  correspondence.  For  my  own  part,  I  confess 
I  have  not  the  face  to  perform  ceremony  in  per 
son;  and  I  equally  detest  it  on  paper,  though, 
as  Tully  says,  it  cannot  blush.  Friendship,  like 
all  truth,  delights  in  plainness  and  simplicity ;  and 
it  is  the  counterfeit  alone  that  needs  ornament 
and  ostentation.  I  am  so  thoroughly  persuaded 
of  this,  that,  when  I  observe  any  one  over-com 
plaisant  to  me  in  his  professions  and  promises, 
I  am  tempted  to  interpret  his  language  thus: 
'As  I  have  no  real  esteem  for  you,  and  for  cer 
tain  reasons  think  it  expedient  to  appear  well  in 
your  eye,  I  endeavour  to  varnish  falsehood  with 
politeness,  which  I  think  I  can  do  in  so  ingenious 


TRAITS   OF  PERSONAL   CHARACTER.  37 

a  manner  that  so  vain  a  blockhead  as  you  cannot 
see  through  it.'" 

Another  passage  in  the  same  letter,  in  which 
he  expresses  a  manly  disdain  at  malice  and  de 
traction,  is  a  fit  pendant  to  the  preceding. 

"  I  have  not  seen,"  he  says,  "  a  single  piece 
against  the  Doctor's  address.  I  saw  a  piece 
advertised  for  publication  in  the  Philadelphia 
Gazette,  entitled  '  Candid  Remarks,  &c.,'  and  that 
is  all  I  know  about  it.  These  things  seldom 
reach  Virginia,  and  when  they  do,  I  am  out  of 
the  way  of  them.  I  have  a  curiosity  to  read 
those  authors  who  write  <  with  all  the  rage  of 
impotence,'  not  because  there  is  any  excellence 
or  wit  in  their  writings,  but  because  they  im 
plicitly  proclaim  the  merit  of  those  they  are 
railing  against,  and  give  them  an  occasion  of 
showing  by  their  silence  and  contempt  that  they 
are  invulnerable." 

In  the  conclusion  of  his  letter,  he  tells  his 
friend :  "  My  health  is  a  little  better,  owing,  I 
believe,  to  more  activity  and  less  study,  recom 
mended  by  physicians.  I  shall  try,  if  possible,  to 
devise  some  business  that  will  afford  me  a  sight 
of  you  once  more  in  Philadelphia,  within  a  year 
or  two.  I  wish  you  would  resolve  the  same 
with  respect  to  me  in  Virginia,  though  within  a 
shorter  time." 

On  the  6th  of  September,  of  the  same  year,  he 
writes  another  but  very  brief  letter  to  his  friend, 
in  which  he  mentions,  with  great  gratification,  a 

VOL.   I.  4 


38  LIFE    AND   TIMES   OF  MADISON. 

visit  that  had  just  been  paid  him  by  a  gentle 
man  who  was  one  of  his  tutors  at  Princeton. 
How  congenial  the  sentiments  of  friendship  and 
affection  were  to  his  ingenuous  nature,  is  shown 
by  the  following  simple  effusion  of  the  heart: — 

"  This  will  be  handed  you  by  Mr.  Erwin,  who 
has  been  kind  enough  to  extend  his  journey  thus 
far,  and  whose  praise  is  in  every  man's  mouth 
here  for  an  excellent  discourse  he  this  day 
preached  for  us.  He  will  let  you  know  every 
thing  that  occurs  to  me  worth  mentioning,  at 
commencement,  or  Philadelphia  if  you  should 
not  attend  commencement.  Gratitude  to  him 
and  friendship  to  you  and  others,  with  some 
business,  perhaps,  will  induce  me  to  visit  Phila 
delphia  or  Princeton  in  the  spring,  if  I  should 
be  alive  and  should  have  health  sufficient." 

The  year  1774  opened  with  questions  of  the 
deepest  import  to  American  liberty.  The  British 
ministry,  foiled  in  their  attempt  to  raise  a  reve 
nue  in  America  from  the  duty  on  tea  by  the 
private  associations  so  extensively  entered  into 
against  its  use,  had  recently  fallen  upon  a  new 
expedient  for  the  accomplishment  of  their  ob 
ject.  They  entered  into  an  arrangement  with 
the  East  India  Company,  exempting  them  from 
the  heavy  export  duty  which  had  been  hitherto 
imposed  on  the  shipment  of  tea  from  England ; 
in  consideration  of  which  the  Company  was  to 
send  out  to  the  Colonies  large  cargoes  of  that 
commodity,  which,  being  thus  enabled  to  sell  at 


PROGRESS   OF   COLONIAL  DISPUTE.  39 

much  cheaper  rates  than  before,  including  the 
duty  charged  upon  it  in  America,  it  was  thought 
they  could  not  fail  to  introduce  again  into  the 
consumption  of  the  country,  and  so  succeed  at 
last  in  levying  the  unconstitutional  tribute.  Un 
der  this  arrangement,  numerous  ships  of  the 
Company  laden  with  tea  arrived,  about  the  close 
of  the  preceding  year,  at  New  York,  Philadel 
phia,  Charleston,  and  Boston. 

The  people  of  America,  filled  with  indignation 
at  this  politico-commercial  confederacy,  resolved 
to  defeat  it  by  preventing  the  landing  of  the  ob 
noxious  cargoes.  The  peace-loving  Quaker  city 
of  Philadelphia,  in  which  Mr.  Madison's  friend 
resided,  took  the  lead  on  this  occasion.1  A  pub 
lic  meeting  of  its  inhabitants  was  held,  in  which 
bold  and  vigorous  resolutions  were  adopted,  de 
claring  the  new  plan  of  importation  to  be 
an  "attack  upon  the  liberties  of  America,"  calling 
on  every  good  citizen  to  oppose  the  attempt, 
and  denouncing  any  one  who  should  directly  or 
indirectly  countenance  it  as  "  an  enemy  of  his 
country."  At  the  same  time,  a  committee  was 
appointed  to  call  upon  the  consignees  of  the 
company,  and  insist  upon  the  resignation  of 
their  agency.  The  demand  was  immediately 
complied  with;  and  the  odious  tea  ships,  with 
their  offensive  contraband,  sailed  back  from  the 
Delaware  to  the  Thames  without  having  once 

1  See  Annual  Register  for  1774,  p.  49,  and  Belsham's  Great  Britain, 
vol.  vi.  p.  40. 


40  LIFE   AND   TIMES   OF  MADISON. 

broken  bulk.  Similar  proceedings  were  adopted 
at  New  York,  and  with  the  like  result.  At 
Charleston,  after  much  opposition,  the  tea  was 
allowed  to  be  unloaded,  but  without  entry  at 
the  custom-house,  and  deposited  in  damp  cellars, 
where  it  was  finally  rendered  worthless  by  the 
effect  of  the  humidity  to  which  it  was  exposed. 

At  Boston,  events  of  a  yet  graver  character 
grew  out  of  the  resistance  to  the  new  ministe 
rial  device.  Every  effort  to  prevail  on  the  con 
signees  of  the  East  India  Company  to  decline 
their  agency  had  failed.  The  Governor  and  the 
officers  of  the  customs,  anxious  to  recommend 
themselves  to  the  ministry  by  their  zeal,  inter 
posed  every  obstacle  to  the  voluntary  return  of 
the  tea  ships.  The  spirit  of  popular  indignation, 
chafed  by  official  opposition,  had  recourse  to 
more  summary  methods  of  redress ;  and  a  num 
ber  of  persons,  in  the  disguise  of  Indians,  entered 
on  board  the  East  India  ships,  and  emptied  the 
tea  chests  into  the  ocean. 

This  memorable  occurrence  took  place  on  the 
16th  of  December,  1773,  and  was  undoubtedly, 
in  the  immediate  sequence  of  events  which  it 
produced,  the  proximate  cause  of  the  American 
Revolution.  It  kindled  at  once  an  unmeasured 
and  intemperate  resentment  in  the  government 
of  the  mother  country  that  hurried  it  headlong 
into  violent  and  arbitrary  measures,  which,  in 
their  turn,  aroused  and  united  all  America  in 
determined  resistance  to  these  accumulated  acts 


PERSECUTION   OF  BAPTISTS  IN  VIRGINIA.       41 

of  tyranny  and  oppression.  The  bill  for  closing 
the  port  of  Boston;  fundamental  alterations  in 
the  colonial  government  of  Massachusetts  in  vio 
lation  of  her  charter ;  a  virtual  indemnity  granted 
to  any  crimes  which  might  be  committed  in 
that  province  under  color  of  official  authority; 
and  new  orders  for  quartering  troops  on  Amer 
ica,  were  the  acts  of  ministerial  vengeance  which 
followed  in  quick  succession  upon  the  events  in 
Boston. 

But,  in  the  midst  of  these  great  questions, 
was  another  of  not  less  interest  to  the  rights 
and  destinies  of  man,  which  affected  the  mind 
of  Mr.  Madison  the  more  painfully,  perhaps,  be 
cause  it  came  home  to  his  native  land.  It  was 
the  vital  question  of  religious  freedom.  The 
original  colonial  polity  of  Virginia  had  been 
founded  in  that  mistaken  connection  of  Church 
and  State,  which  was  then  the  universal  practice 
of  all  nations  and  of  all  religious  parties.  Even 
the  Puritans  of  New  England,  who  came  to 
America  to  escape  religious  persecution  in  the 
mother  country,  were  no  sooner  established  in 
their  new  abode  than  they  fell  into  the  same 
abuse,  and  set  the  example  of  fierce  intolerance 
against  all  other  sects  than  their  own. 

The  colonists  of  Virginia  left  their  native  land 
in  cordial  amity  with  the  civil  and  religious  gov 
ernment  of  their  fathers.  They  were  content  to 
bring  with  them  the  single  guarantee  of  the  "lib 
erties,  franchises,  and  immunities"  of  free  born 


4* 


42  LIFE   AND  TIMES   OF  MADISON. 

Englishmen;  and  in  the  institutions  of  every  kind 
established  by  them  in  the  new  world,  they 
sought  to  conform,  as  near  as  might  be,  to  the 
model  furnished  by  the  father-land.  The  govern 
ment  of  the  colony  was,  indeed,  expressly  in 
structed  to  administer  its  various  functions  "  as 
near  to  the  common  laws  of  England  and  the 
equity  thereof  as  may  be,"  and,  in  religion,  to  pro 
vide  that  "the  service  of  God  and  the  Christian 
faith  be  preached,  planted,  and  used  according  to 
the  doctrine  and  rites  of  the  Church  of  England."1 

The  Church  of  England,  though  necessarily 
modified  in  its  transplantation,  thus  became  the 
established  Church  of  Virginia;  and  from  time 
to  time,  laws  of  more  or  less  stringency  were 
passed  to  enforce  conformity  to  it.  At  the  pe 
riod  to  which  Mr.  Madison's  correspondence  now 
brings  us,  the  Baptist  dissenters  fell  particularly 
under  the  persecution  of  the  dominant  authority; 
and  in  the  county  of  his  own  residence,  (Orange,) 
as  well  as  two  of  the  adjacent  counties,  (Spotsyl- 
vania  and  Culpeper,)  several  of  their  ministers 
had  been  confined  in  jail  for  the  alleged  offence 
of  disturbing  the  public  peace  by  their  preach 
ing  and  mode  of  worship.2 

These  brief  historical  reminiscences  seemed  an 
indispensable  preface  to  the  following  extracts 
of  a  letter  addressed  by  Mr.  Madison  to  his 

1   See  Charter  and  Instructions        ?  See  Semple's  History  of  the 
in  Hen.  Stat.  vol.  i.  pp.  57-76.          Virginia  Baptists,  pp.  15,  381, 382, 

415,416,427,428. 


CHAMPION   OF  RELIGIOUS  FREEDOM.  43 

young  Pennsylvanian  friend  on  the  24th  of  Janu 
ary,  1774,  and  which,  we  doubt  not,  will  interest 
the  reader  as  well  by  the  fervid  love  of  liberty 
with  which  they  glow,  as  by  the  justness  and 
depth  of  the  reflections  they  contain. 

"I  congratulate  you  on  your  heroic  proceed 
ings  in  Philadelphia  with  regard  to  the  Tea.  I 
wish  Boston  may  conduct  matters  with  as  much 
discretion,  as  they  seem  to  do  with  boldness. 
They  appear  to  have  great  trials  and  difficulties 
by  the  reason  of  the  obduracy  and  ministerial  ism 
of  their  governor.  However,  political  contests 
are  necessary  sometimes,  as  well  as  military,  to 
afford  exercise  and  practice,  and  to  instruct  in 
the  art  of  defending  liberty  and  property. 

"I  verily  believe  the  frequent  assaults  that 
have  been  made  on  America,  (Boston  especially,) 
will  in  the  end  prove  of  real  advantage.  If  the 
Church  of  England  had  been  the  established  and 
general  religion  in  all  the  Northern  colonies,  as 
it  has  been  among  us  here,  and  uninterrupted 
harmony  had  prevailed  throughout  the  continent, 
it  is  clear  to  me  that  slavery  and  subjection 
might  and  would  have  been  gradually  insinuated 
among  us.  Union  of  religious  sentiment  begets 
a  surprising  confidence,  and  ecclesiastical  estab 
lishments  tend  to  great  ignorance  and  corrup 
tion,  all  of  which  facilitate  the  execution  of 
mischievous  projects. 

"But    away   with    politics  !     Let    me    address 
you  as  a  student  and  philosopher,  and  not  as  a 


44  LIFE  AND   TIMES   OF  MADISON. 

patriot  now.  I  am  pleased  that  you  are  going 
to  converse  with  the  Edwards  and  Henrys  and 
Charles'  who  have  swayed  the  British  sceptre, 
though  I  believe  you  will  find  some  of  them 
dirty  and  unprofitable  companions,  unless  you 
will  glean  instruction  from  their  follies,  and  fall 
more  in  love  with  liberty  by  beholding  such  de 
testable  pictures  of  tyranny  and  cruelty 

"I  want  again  to  breathe  your  free  air.  I 
expect  it  wih1  mend  my  constitution  and  confirm 
my  principles.  I  have,  indeed,  as  good  an  at 
mosphere  at  home  as  the  climate  will  allow,  but 
have  nothing  to  brag  of  as  to  the  state  and  lib 
erty  of  my  country.  Poverty  and  luxury  prevail 
among  all  sorts;  pride,  ignorance,  and  knavery 
among  the  priesthood;  and,  vice  and  wickedness 
among  the  laity.  This  is  bad  enough;  but  it  is 
not  the  worst  I  have  to  tell  you.  That  diabol 
ical,  hell-conceived  principle  of  persecution  rages 
among  some ;  and,  to  their  eternal  infamy,  the 
clergy  can  furnish  their  quota  of  imps  for  such 
purposes.  There  are,  at  this  time,  in  the  adja 
cent  country,  not  less  than  five  or  six  well-mean 
ing  men  in  close  jail  for  publishing  their  religious 
sentiments,  which,  in  the  main,  are  very  ortho 
dox.  I  have  neither  patience  to  hear,  talk,  or 
think  of  anything  relative  to  this  matter;  for  I 
have  squabbled  and  scolded,  abused  and  ridiculed 
so  long  about  it  to  little  purpose  that  I  am  with 
out  common  patience.  So  I  must  beg  you  to  pity 
me,  and  pray  for  liberty  of  conscience  to  all." 


ESTABLISHED  CHURCH  IN  VIRGINIA.  45 

There  is  no  form  of  tyranny  so  revolting  to 
the  feelings  of  human  nature  as  that  which  is 
exercised  over  the  mind  of  man ;  and  no  species 
of  mental  tyranny  so  odious  as  that  which  seeks 
to  enslave  the  conscience  in  matters  of  religion. 
The  sentiments  of  generous  indignation  expressed 
by  Mr.  Madison  at  the  instances  of  religious  per 
secution  which  had  occurred  in  his  own  State,  and 
almost  under  his  eyes  in  his  own  neighbourhood, 
do  honor  alike  to  his  heart  and  understanding. 

But  there  may  be  reason  to  question  whether, 
under  the  excitement  so  natural  to  a  well 
principled  mind  in  such  circumstances,  the  pic 
ture  drawrn  by  him  is  not  somewhat  over 
charged.  That  there  were  some  honorable  ex 
ceptions  to  the  character  given  by  him  of  the 
clergy  of  the  Established  Church,  there  can  be 
no  ground  to  doubt  from  the  contemporary  ac 
counts  which  have  reached  us ;  and  that  the  laity 
were  not  universally,  or,  wre  would  fain  believe, 
generally  infected  with  the  malignant  spirit  of 
persecution  described  by  him,  seems  to  be  suffi 
ciently  shown  by  the  noble  and  catholic  public 
letter  of  President  Blair,  son  of  the  commissary, 
written  only  five  or  six  years  before  this  period, 
while  he  was  the  acting  governor  of  the  colony,1 
and  also  by  the  fact  that  many  of  the  laity,  two 
years  only  after  the  date  of  Mr.  Madison's  letter, 
as  members  of  the  legislature  concurred  in  the 

1  See  this  admirable  letter  in  Semple,  pp.  15, 16,  and  also  in  Camp« 
bell's  Virginia,  p.  139. 


46  LIFE   AND  TIMES   OF  MADISON. 

repeal  of  the  laws  by  which  the    establishment 
was  sustained.1 

Nor  were  the  Baptist  dissenters  exposed,  in 
every  part  of  the  State,  to  the  same  measure 
of  persecution.  In  some  extensive  regions,  they 
were  exempt  from  all  legal  molestation.2  The 
country  in  which  Mr.  Madison  resided  seems  to 
have  been,  in  a  particular  manner,  the  focus  in 
which  the  scorching  rays  of  persecution  were 
converged,  and  directed,  with  their  iiitensest  heat, 
against  this  devoted  sect.  No  wonder,  then,  that 
he  should  have  been  deeply  outraged  by  such  a 
spectacle,  and  that  contrasting  it,  as  he  naturally 
did,  with  the  general  peace  and  happiness  of  the 
colony  in  which  his  friend  lived,  and  where  the 
principle  of  universal  and  unlimited  freedom  of 
religion  had  been  established  from  the  first,  he 
should  have  taken  a  somewhat  gloomy  and  de 
sponding  view  of  the  state  of  society  in  his 
native  land. 

The  opinion  expressed  by  Mr.  Madison  in  the 
preceding  letter,  that  « if  the  Church  of  England 
had  been  the  established  and  general  religion  in 
all  the  northern  colonies,  as  it  has  been  with  us 
here,  and  uninterrupted  harmony  had  prevailed 
throughout  the  continent,"  the  ultimate  loss  of 
liberty  might  and  probably  would  have  ensued, 
deserves  to  be  attentively  considered,  as  it  em 
braces  a  great  general  principle,  profoundly  medi- 

1  Semple,  pp.  26,  27,  and  also  Jefferson's  Writings,  vol.  I.  p.  32. 

2  Semple,  p.  294. 


ESTABLISHED   CHURCH  IN  VIRGINIA.  47 

tated,  to  which  he  ever  attached  the  highest 
importance,  and  which  may  be  said  to  be,  in  an 
especial  manner,  the  corner-stone  of  his  political 
creed. 

It  was  not  that  there  was  anything  in  the 
principles  or  constitution  of  the  Church  of  Eng 
land,  as  it  existed  in  this  country,  which  he 
deemed  intrinsically  deleterious  to  the  public  lib 
erty,  but  it  was,  as  the  context  shows,  "the  union 
of  religious  sentiment"  enforced  by  law,  which 
the  general  establishment  of  that  or  any  other 
Church  in  all  the  colonies  would  have  produced, 
that  he  deprecated  as  dangerous  to  liberty.  The 
unfettered  and  spontaneous  diversity  of  opinions, 
of  sects,  of  parties,  of  interests,  in  both  politics 
and  religion,  he  held  to  be  the  only  practical 
security  for  the  equal  liberty  of  all,  by  the  mut 
ual  vigilance  and  inspection  they  would  exercise 
over  each  other,  and  the  mutual  forbearance 
they  would  finally  learn  to  practise  from  an  ex 
perience  of  that  security.  We  shall  hereafter 
have  occasion  to  trace  the  consistent  influence 
of  this  leading  and  fruitful  principle,  in  his  views 
and  conduct  on  all  the  various  and  difficult 
problems  of  constitutional  and  legislative  organ 
ization  which  he  had  to  deal  with  in  his  long 
and  eventful  career. 

That  there  was  nothing  in  the  Church  of  Eng 
land,  as  it  existed  in  this  country,  essentially 
hostile  to  public  liberty,  the  history  of  the  col 
ony,  where  it  was  first  established  and  most 


48  LIFE   AND  TIMES   OF  MADISON. 

widely  spread  its  roots,  satisfactorily  proves, 
Virginia  was,  in  an  especial  manner,  the  nursery 
of  freedom  in  the  new  world.  By  the  exercise 
of  a  bold  initiative,  she  early  established  a  rep 
resentative  assembly  of  her  own,  and  through 
that  assembly,  proclaimed  the  great  constitu 
tional  principle  of  immunity  from  taxation  ex 
cept  by  her  own  consent.  During  the  period 
of  the  intestine  troubles  in  the  mother  country, 
she  virtually  assumed  and  exercised  all  the  pow 
ers  of  independent  self-government.  She  set  the 
example  of  an  appeal  to  arms  in  vindication  of 
her  rights  a  century  before  the  final  struggle  foi 
national  independence ;  and  in  every  stage  of 
that  great  struggle,  she  was  certainly  behind 
none  of  her  sister  colonies  in  the  energy  and 
boldness  with  which  she  sustained  the  common 
cause.  It  cannot  be  said,  therefore,  that  the 
Church  of  England,  as  it  existed  in  Virginia, 
had  extinguished  or  even  depressed  the  spirit 
of  liberty. 

Whatever  tendencies  of  that  kind  might  have 
belonged  to  it  in  its  native  and  original  consti 
tution,  were  excluded  by  the  modifications  it 
underwent  here.  The  political  elements  of  the 
Church  were  not,  and  could  not  be,  transplanted 
into  American  soil.  Here  were  no  bishops  ap 
pointed  by  the  king  and  holding  seats  in  the 
upper  branch  of  the  legislature,  and  pledged  to 
an  interested  and  unhallowed  alliance  between 
the  altar  and  the  throne.  Neither  were  there 


ESTABLISHED   CHURCH  IN  VIRGINIA.  49 

any  rights  of  patronage  which  could  fill  our 
churches,  without  regard  to  the  wishes  or  con 
sent  of  the  people.  Vestries,  originally  chosen 
by  the  people  of  each  parish,  exercised  the  right 
of  admitting,  rejecting,  or  displacing  ministers, 
according  to  their  own  views  of  duty  and  pro 
priety,  and  steadily  resisted  the  formality  of 
inductions,  which  were  supposed  to  give  the  in 
cumbent  a  legal  freehold  paramount  to  the  will 
of  the  congregation.1  Discussions  and  contro 
versies,  on  this  point,  often  arose  between  the 
vestries  and  the  Governor  or  commissary,  and 
trained  the  leading  men  of  the  colony,  in  the 
school  of  parochial  freedom,  to  habits  and  prin 
ciples  of  political  independence. 

The  vestries,  though  primarily  ecclesiastical 
bodies,  and  expressly  required  to  "  subscribe  to 
be  conformable  to  the  doctrine  and  discipline  of 
the  Church  of  England,"  were  also  invested  with 
various  functions  of  a  civil  and  municipal  char 
acter.  They  were  empowered  to  lay  and  collect 
taxes  within  the  limits  of  their  jurisdiction  for 
local  purposes,  to  provide  for  the  poor,  to  cause 
the  lands  to  be  "processioned,"2  to  "present," 
through  their  churchwardens,  offences  against 
the  laws  and  public  order,  and  to  make  appoint- 

1  See  Beverly's  History  of  Vir-  pointmentof  persons,  in  every  terra 
ginia,   p.  229.      Also  Lord    Cul-  of  four  or  five  years,  to  go  around 
peper's    statement   in    Chalmers's  and   re-mark  the  limits  of  every 
Annals  of  the  Colonies,  p.  356.  separate  tract  of  land.     This  was 

2  Formerly,   the   laws   of  Vir-  called  "  processioning "  the  lands, 
ginia  required  the  periodical  ap- 

VOL.  I.  5 


50  LIFE   AND   TIMES   OF  MADISON. 

ments  of  all  necessary  subordinate  officers  in  the 
execution  of  these  duties.1  They  were  thus 
clothed,  to  a  considerable  extent,  with  the  power 
of  the  purse,  the  guardianship  of  property,  and 
the  censorship  of  morals,  and  united  in  their 
hands  legislative,  executive,  and  judicial  trusts. 
It  was  natural  that  the  men  of  education,  prop 
erty,  and  character  in  their  respective  districts 
should  be  chosen  into  these  bodies;  and  it  is 
impossible  to  form  a  just  idea  of  the  social,  re 
ligious  or  political  condition  of  Virginia,  at  the 
period  of  which  we  are  speaking,  without  advert 
ing  to  their  composition,  and  the  influence  they 
exerted. 

The  vestry-men  of  that  day,  we  shall  find,  were 
the  Washingtons,  the  Lees,  the  Randolphs,  the 
Masons,  the  Elands,  the  Pendletons,  the  Nelsons, 
the  Nicholas',  the  Harrisons,  the  Pages,  the  Madi- 
sons,  and  other  names,  far  too  numerous  to  re 
capitulate  in  detail,  which  stand  among  the  first 
on  the  roll  of  our  revolutionary  worthies.  In 
these  men,  and  such  as  these,  were  the  effective 
and  controlling  powers  of  the  Church ;  for  the 
laity,  and  not  the  clergy,  were  the  rulers  here. 
If  they  showed  an  attachment  to  the  Church  of 
their  fathers,  it  was  not  because  of  the  laxity 
and  abuses  which  had  crept  into  it,  but,  in  de 
spite  of  those  abuses,  for  the  sake  of  those  sol- 

1  For  the  qualifications  and  du-     119,  220,  804,  305,  336,  387,  and 
ties  of   Vestry-men,  see  Laws  of     edition  1769,  p.  350. 
Virginia,  edition   1752,  pp.  2,  4, 


ESTABLISHED   CHURCH  IN  VIRGINIA. 


51 


emn  and  impressive  forms  of  worship,  that  noble 
and  exalted  liturgy,  which,  in  the  religious  ser 
vices  at  the  opening  of  the  first  Congress,  we 
are  told  by  one  of  themselves,  made  so  profound 
and  thrilling  an  impression  upon  the  members, 
who,  by  habit  and  education,  had  been  most 
prepossessed  against  it.1 


1  See  Correspondence  and  Diary 
of  John  Adams,  in  his  Works,  vol. 
u.  pp.  368,  369,  and  Irving's  Life 
of  Washington,  vol.  I.  pp.  400-401. 

The  whole  scene  of  the  assem 
bling  of  the  first  Continental  Con 
gress  in  Philadelphia,  in  May  1 774, 
was  a  most  imposing  and  extraor 
dinary  one.  -When  the  members 
met  together,  gifted  as  they  were 
with  the  highest  moral  and  intel 
lectual  qualities,  there  was  yet,  as 
Mr.  Adams  writes,  "  such  a  di 
versity  of  religions,  educations, 
manners,  and  interests  among 
them  as  it  seemed  impossible  to 
unite  in  one  plan  of  conduct." 
Upon  the  organization  of  the 
body,  it  was  proposed  that  its 
daily  proceedings  should  be  opened 
with  prayer ;  but  it  was  imme 
diately  suggested  that,  as  the  dele 
gates  were  of  different  religious 
sects,  they  might  not  consent  to 
join  in  the  same  form  of  worship. 
Upon  this,  Mr.  Samuel  Adams, 
who  was  a  strong  Congregation  al- 
ist,  arose  and  said  that  "  he  would 
willingly  join  in  prayer  with  any 
gentleman  of  piety  and  virtue, 
whatever  might  be  his  cloth,  if  he 
was  a  friend  to  his  country,"  and 
moved  that  the  Rev.  Mr.  Duche, 


a  distinguished  Episcopalian  cler 
gyman  of  Philadelphia,  should  be 
invited  to  officiate  as  chaplain. 
The  following  morning,  which  was 
the  7th  of  May,  Mr.  Duche  attend 
ed,  and  commenced  his  ministra 
tion  by  reading,  as  he  did  with 
great  solemnity,  the  morning  ser 
vice  of  the  Episcopal  Church.  The 
Psalm  for  the  day  was  the  35th: — 

"  Plead  thou  my  cause,  O  Lord, 
with  them  that  strive  with  me ; 
fight  thou  against  them  that  fight 
against  me. 

"  Lay  hand  upon  the  shield  and 
buckler,  and  stand  up  to  help  me," 
&c.,  &c. 

Mr.  Adams  thus  describes  the 
effect  in  a  letter  to  his  wife  :  "  You 
must  remember  this  was  the  morn 
ing  after  we  heard  the  horri 
ble  rumor  of  the  cannonade  of 
Boston.  I  never  saw  a  great 
er  effect  upon  an  audience.  It 
seemed  as  if  Heaven  had  ordained 
that  psalm  to  be  read  on  that 
morning." 

It  may  well  be  conceived  that 
the  devout  humility  of  Washing 
ton,  who,  according  to  Irving, 
while  others  stood,  knelt,  (a  spec 
tacle  itself  of  touching  sublimity,) 
added  not  a  little  to  the  effect. 


52  LIFE   AND  TIMES   OF  MADISON. 

If  the  policy  of  the  mother  country  had  plant 
ed  a  principle  of  intolerance  and  persecution  in 
our  laws,  it  was  not  such  men  as  those  we  have 
mentioned  who  could  be  swayed  by  a  narrow 
and  illiberal  spirit  of  bigotry, — far  less  by  a  slav 
ish  submission  to  tyranny  of  any  sort.  Without 
denying  to  other  religious  denominations  their 
full  and  glorious  share  in  the  early  struggles  for 
political  liberty  in  Virginia,  it  would  be  to  blot 
out  the  records  of  history  not  to  recognize  the 
patent  fact  that  the  leaders  and  chief  actors  here, 
(with  one  or  two  exceptions,  and  those  not  be 
longing  to  any  religious  profession,)  were  mem 
bers  of  the  Established  Church,  nobly  sustained 
by  the  patriotism,  moral  and  intellectual  power, 
and  military  courage  of  their  Christian  brethren 
of  other  persuasions.1 

In  a  letter  of  the  1st  of  April,  1774,  to  his 
friend  Bradford,  Mr.  Madison  recurs  again  to  the 
subject  of  the  religious  persecution  in  Virginia, 
which  weighed  so  heavily  on  his  heart.  As  noth 
ing  can  give  a  juster  idea  of  the  elevated  and 
catholic  spirit  of  his  mind  than  the  sentiments 
expressed  by  him  on  this  the  most  vital  question 
affecting  the  rights  of  humanity,  we  subjoin  a 
few  extracts  from  it,  in  addition  to  those  cited 
from  the  previous  letter: — 

"Our  Assembly  is  to  meet  the  first  of  May, 

1  Mr.  Jefferson,  cited  in  Wirt's  most  forward  spirits  in  the  move- 
Life  of  Patrick  Henry,  p.  125,  says  ments  which  led  to  the  Revolution, 
that  "  Henry,  the  Lees,  Pages,  Ma-  They  were  all  of  the  Established 
sons,  &c.,  were  the  boldest"  and  Church. 


EFFECTS   OF  ESTABLISHMENT.  53 

\ 

'.jen  it  is  expected  something  will  be  done  in 
^jnalf  of  the  Dissenters.  Petitions,  I  hear,  are 
v  ^"eady  forming  among  the  persecuted  Baptists ; 
anc^  I  fancy  it  is  in  the  thought  of  the  Presby 
terians  also  to  intercede  for  greater  liberty  in 
matters  of  religion.  For  my  own  part,  I  cannot 
help  being  very  doubtful  of  their  succeeding  in 
the  attempt.  The  affair  was  on  the  carpet  dur 
ing  the  last  session ;  but  such  incredible  and  ex 
travagant  stories  were  told  in  the  House  of  the 
monstrous  effects  of  the  enthusiasm  prevalent 
among  the  sectaries,  and  so  greedily  swallowed 
by  their  enemies,  that  I  believe  they  lost  footing 
by  it.  And  the  bad  name  they  still  have  with 
those  who  pretend  too  much  contempt  to  exam 
ine  into  their  principles  and  conduct,  and  are 
too  much  devoted  to  the  ecclesiastical  establish 
ment  to  hear  of  the  toleration  of  the  dissen 
tients,  I  am  apprehensive,  will  be  again  made  a 
pretext  for  rejecting  their  requests. 

"The  sentiments  of  our  people  of  fortune  and 
fashion  on  this  subject  are  vastly  different  from 
what  you  have  been  used  to.  That  liberal,  cath 
olic,  and  equitable  way  of  thinking,  as  to  the 
rights  of  conscience,  which  is  one  of  the  charac 
teristics  of  a  free  people,  and  so  strongly  marks 
the  people  of  your  province,  is  but  little  known 
among  the  zealous  adherents  to  our  hierarchy. 
We  have,  it  is  true,  some  persons  in  the  legis 
lature  of  generous  principles  both  in  religion  and 
politics ;  but  number,  not  merit,  you  know,  is 

5* 


54  LIFE   AND   TIMES   OF  MADISON. 

necessary    to    carry    points    there.      Beside 
clergy  are  a  numerous  and  powerful  body,  i  /r 
great  influence  at  home   by  reason  of  th#?  , 
nection  with  and  dependence  on  the  bisho       )W 
crown,   and  will  naturally   employ  all    thfe      arts 
and  interest  to   depress   their  rising  adversaries ; 
for  such  they  must  consider  dissentients,  who  rob 
them  of  the    good-will  of  the  people,  and  may 
in  time  endanger  their  livings  and  securit,- 

"You  are  happy  in  dwelling  in  a  land  where 
those  inestimable  privileges  are  fully  enjoyed ; 
and  the  public  has  long  felt  the  good  effects  of 
this  religious,  as  well  as  civil,  liberty.  Foreign 
ers  have  been  encouraged  to  settle  among  you. 
Industry  and  virtue  have  been  promoted  by  mut 
ual  emulation  and  mutual  inspection  ;  commerce 
and  the  arts  have  flourished ;  and  I  cannot  help 
attributing  those  continual  exertions  of  genius, 
which  appear  among  you,  to  the  inspiration  of 
liberty,  and  that  love  of  fame  and  knowledge 
which  always  accompanies  it.  Eeligious  bondage 
shackles  and  debilitates  the  mind,  and  unfits  it 
for  every  noble  enterprise,  every  expanded  pros 
pect.  How  far  this  is  the  case  with  Virginia, 
will  more  clearly  appear  when  the  ensuing  trial 
is  made." 

In  the  just  reflections  and  noble  sentiments 
of  the  preceding  paragraph,  we  see  the  foreshad 
owing  of  the  powerful  and  convincing  arguments 
which,  at  a  future  day,  were  to  proceed  from 
the  pen  and  tongue  of  Mr.  Madison  in  the  tri* 


HIS  NOBLE  EFFORTS  FOR  FREEDOM. 


55 


TJU[  .nt  vindication  of  religious  freedom ;  for  it 
Vas  -upturn  his  motion,  as  we  shall  hereafter  have 
-  ^o^;  >n  to  point  out,  that  the  principle  was  as- 
ancxe  in  its  true  breadth,  and  upon  its  legitimate 
grou  fo,  in  the  Virginia  Bill  of  Eights, — from 
him  came  the  Memorial  and  Bemonstrance  of 
1785,  the  decisive  battle  fought  in  the  great 
contest, — and  by  his  able  advocacy  and  exertions 
it  wtl  that,  in  the  legislative  session  of  the  same 
year,  the  celebrated  Declaratory  Act,  drawn  by 
Mr.  Jefferson,  at  last  became  a  law. 


NOTE.  A  question  has  been 
much  mooted  as  to  the  relative 
number  of  churchmen  and  dissent 
ers  in  Virginia,  at  the  period  of 
the  Revolution.  A  loose  conjecture 
of  Mr.  Jefferson,  in  the  "  Notes  on 
Virginia,"  that  the  latter  formed, 
at  that  time,  two  thirds  of  the  pop 
ulation  of  the  Colony,  has  been  fol 
lowed  by  several  historical  writers, 
native  and  European.  [See  How- 
ison's  History  of  Virginia,  vol.  u. 
p.  186,  and  Grahame's  History  of 
the  United  States,  vol.  i.  p.  113.] 
Mr.  Jefferson  afterwards  changed 
his  estimate  to  a  simple  majority. 
[Jefferson's  Writings,  vol.  I.  p.  31.] 
But  either  estimate  is  obviously 
erroneous,  and  is  so  treated  by  his 
intelligent  biographer,  Professor 
Tucker.  [See  Life  of  Jefferson, 
vol.  I.  pp.  19  and  97.]  It  is  shown 
by  contemporary  authorities  of 
great  respectability  that,  about  the 
middle  of  the  century,  there  were 
but  few  dissenters  in  Virginia. 


Even  as  late  as  1760,  Burnaby,  an 
inquisitive  and  well  informed  Eng 
lish  traveller,  says  :  "  There  are 
very  few  dissenters  of  any  denom 
ination  in  this  province."  [See 
"Travels  in  the  Middle  Settle 
ments  of  North  America  in  1759 
and  1760."]  It  is  difficult  to  con 
ceive  how,  from  such  a  limited 
number  at  that  time,  they  could 
have  risen  in  so  short  an  interval, 
and  in  the  face  of  the  strong  dis 
couragements  presented  by  the 
laws  of  the  Colony  for  the  support 
of  the  Established  Church,  to  a 
majority  at  the  breaking  out  of  the 
Revolution.  The  opinion  of  Mr. 
Madison,  reported  by  Professor 
Tucker,  is  doubtless  more  to  be  re 
lied  on  :  "  That  the  proportion  of 
dissenters  in  Virginia,  at  the  break 
ing  out  of  the  Revolution,  was  con 
siderably  less  than  one  half  of  those 
who  professed  themselves  members 
of  any  church." 


CHAPTEK    III. 

Proceedings  in  Virginia  on  receiving  Intelligence  of  the  Boston  Port 
Bill  —  House  of  Burgesses  dissolved  by  the  Governor  —  War  with 
the  Indians  —  First  Convention  in  Virginia  —  Continental  Con 
gress  meets  at  Philadelphia  — Mr.  Madison's  Account  of  the  Mil 
itary  Preparations  commenced  in  Virginia,  in  view  of  a  possible 
Conflict  with  the  Mother  Country  —  How  far  Patrick  Henry's 
Resolution  for  arming  and  disciplining  the  Militia  influenced  those 
Preparations  —  Patriotism  and  Influence  of  the  ancient  Landed 
Interest  in  Virginia  —  County  Committees— Mr.  Madison  a  Mem 
ber  of  the  one  for  his  County  —  Nature  and  Extent  of  the  Cavalier 
Element  in  the  Population  of  Virginia  —  Character  of  the  People 
of  Virginia  at  the  Era  of  the  Revolution. 

AT  the  session  of  the  legislature  in  May,  1774, 
which  followed  the  date  of  the  foregoing  letter, 
the  headlong  course  of  political  events,  which 
were  then  rapidly  verging  to  a  perilous  crisis, 
precluded  the  consideration  of  all  other  subjects. 
The  news  of  the  Boston  Port  Bill  was  received  at 
Williamsburg  very  soon  after  the  Assembly  met 
It  made  a  profound  and  ominous  impression; 
and  the  following  day,  the  House  of  Burgesses 
passed  a  resolution  setting  apart  the  1st  of  June, 
when  this  vindictive  measure  was  to  take  effect, 
to  be  observed  as  a  day  of  fasting,  humiliation, 


FEELING  IN  VIRGINIA  ON  BOSTON  PORT  BILL.    57 

and  prayer  to  implore  the  Divine  interposition 
for  averting  the  calamity  of  civil  war,  and  to 
give  the  people  of  America  one  heart  and  one 
mind  firmly  to  oppose  every  invasion  of  their 
rights.  This  resolution  was  too  significant  in  its 
language  and  spirit  to  be  agreeable  to  the  rep 
resentative  of  royalty,  and  the  House  of  Bur 
gesses  was  immediately  dissolved  by  the  governor, 
Lord  Dunmore. 

The  members,  by  common  consent,  reassem 
bled  in  the  long  room  of  the  Kaleigh  Tavern 
called  the  "Apollo,"  then  the  headquarters  of 
patriotism,  and  formed  themselves  into  an  asso 
ciation  to  oppose  the  unconstitutional  taxation 
of  the  British  Parliament  by  discouraging  the 
use  of  tea  and  of  all  commodities  brought  in  by 
the  East  India  Company, — denouncing  the  act 
lately  passed  for  shutting  up  the  harbour  and 
commerce  of  Boston  "in  our  sister  Colony  of 
Massachusetts  Bay"  as  a  "dangerous  attempt  to 
destroy  the  liberty  and  rights  of  all  North  Amer 
ica," — declaring  an  attack  made  on  one  of  the 
Colonies,  to  compel  a  submission  to  arbitrary 
taxes,  an  attack  on  all, — and  finally  recommend 
ing  the  appointment  of  deputies  from  the  several 
Colonies,  to  meet  annually  in  general  Congress 
at  such  place  as  shall  be  thought  most  conven 
ient,  "there  to  deliberate  on  those  general  meas 
ures  which  the  united  interests  of  America  may, 
from  time  to  time,  require."  At  a  subsequent 
meeting  of  the  members,  a  resolution  was  adopted 


58  LIFE   AND    TIMES   OF  MADISON. 

inviting  a  convention  of  delegates  at  Williams- 
burg  on  the  1st  day  of  August  next,  to  consider 
what  further  measures  may  be  necessary  for  the 
protection  of  American  liberty,  and  to  appoint 
deputies  to  the  proposed  Continental  Congress. 

While  these  measures  were  taken  by  the  pa 
triots  of  Virginia  against  the  oppressions  of  the 
mother  country,  a  cruel  and  bloody  war  was 
waging  upon  her  western  frontiers  by  the  red 
men  of  the  forest.  It  was  in  the  midst  of  these 
complicated  troubles  that  Mr.  Madison,  having 
just  returned  from  a  visit  to  his  friends  in  Penn 
sylvania  and  New  Jersey,  renewed  his  correspond 
ence  with  his  Philadelphia  friend.  On  the  first 
of  July,  1774,  he  writes  to  him  as  follows:— 

"I  am  once  more  got  into  my  native  land, 
and  into  the  possession  of  my  customary  em 
ployments,  solitude  and  contemplation;  though 
I  must  confess,  not  a  little  disturbed  by  the 
sound  of  war,  bloodshed,  and  plunder  on  the  one 
hand,  and  the  threats  of  slavery  and  oppression 
on  the  other.  From  the  best  accounts  I  can 
obtain  from  our  frontiers,  the  savages  are  deter 
mined  on  the  extirpation  of  the  inhabitants,  and 
no  longer  leave  them  the  alternative  of  death 
or  captivity.  The  consternation  and  timidity  of 
the  white  people,  who  abandon  their  possessions 
without  making  the  least  resistance,  are  as  diffi 
cult  to  be  accounted  for,  as  they  are  encouraging 
to  the  enemy.  Whether  it  be  owing  to  the  un 
usual  cruelty  of  the  Indians,  the  want  of  the 


MEASURES   OF  RESISTANCE.  59 

necessary  implements  and  ammunition  for  war, 
or  to  the  ignorance  and  inexperience  of  many 
who,  since  the  establishment  of  peace,  have  ven 
tured  into  those  new  settlements,  I  can  neither 
learn,  nor  with  any  certainty  conjecture.  How 
ever,  it  is  confidently  asserted  that  there  is  not 
an  inhabitant  for  some  hundreds  of  miles  back, 
(which  have  been  settled  for  many  years,)  except 
those  who  are  forted  in  or  embodied  by  their 
military  commanders.  The  state  of  things  has 
induced  Lord  Dunmore,  contrary  to  his  inten 
tions  at  the  dissolution  of  the  Assembly,  to  issue 
writs  for  a  new  election  of  members,  whom  he 
is  to  call  together  on  the  llth  of  August. 

"As  to  the  sentiments  of  the  people  of  this 
Colony  with  respect  to  the  Bostonians,  I  can  as 
sure  you  I  find  them  generally  very  warm  in 
their  favor.  The  natives  are  very  numerous  and 
resolute,  are  making  resolves  in  almost  every 
county,  and  I  believe  are  willing  to  fall  in  with 
the  other  Colonies  in  any  expedient  measure, 
even  if  that  should  be  universal  prohibition  of 
trade.  It  must  not  be  denied,  however,  that  the 
Europeans,  especially  the  Scotch,  and  some  inter 
ested  merchants  among  the  natives,  discounte 
nance  such  proceedings,  as  far  as  they  dare, 
alleging  the  injustice  and  perfidy  of  refusing  to 
pay  our  debts  to  our  generous  creditors  at  home. 
This  consideration  induces  some  honest,  moderate 
folks  to  prefer  a  partial  prohibition,  extending 
only  to  the  importation  of  goods." 


60  LIFE  AND   TIMES   OF  MADISON. 

The  next  and  last  letter  we  have,  (though 
others  doubtless  were  written,  and  may  perhaps 
still  be  in  existence,)  in  the  interesting  corre 
spondence  we  have  been  following,  is  of  the  20th 
of  January,  1775.  In  the  six  months'  interval, 
which  had  elapsed  since  the  date  of  the  previ 
ous  letter,  events  of  the  deepest  moment  had 
passed.  A  feeling  of  profound  indignation  had 
been  aroused  among  the  people  by  the  news  of 
the  Boston  Port  Bill  and  the  dissolution  of  the 
Assembly;  and  meetings  were  held  in  a  large 
majority  of  the  counties  of  Virginia,  denouncing 
those  proceedings  in  the  stern,  unmitigated  lan 
guage  of  freemen,  and  calling  for  efficient  meas 
ures  of  retaliation  and  self-protection. 

The  Convention  of  Virginia  met  in  Williams- 
burg  on  the  1st  of  August,  1774,  and  entered 
into  a  solemn  association  and  agreement  by 
which  they  pledged  themselves  "  under  the  sa 
cred  ties  of  honor  and  love  of  country,"  and 
recommended  the  same  engagement  to  be  en 
tered  into  by  their  constituents,  not  to  import 
any  goods,  wares,  and  merchandise  from  Great 
Britain  after  the  1st  of  November  next ;  to  cease 
from  exporting  thither  all  American  productions 
after  the  10th  day  of  August,  1775,  if  the  griev 
ances  of  the  Colonies  should  not,  by  that  day,  be 
fully  redressed ;  to  have  no  dealings  with  any 
merchant  who  should  not  subscribe  to  their  asso 
ciation,  and  to  consider  all  such  persons  as  ene 
mies  of  the  country. 


MEETING   OF  THE   CONTINENTAL   CONGRESS.     61 

On  the  5th  of  September  the  Continental  Con 
gress  met  in  Philadelphia.  They  adopted  a  sol 
emn  Declaration  of  American  rights,  concluding 
with  an  explicit  demand  of  the  repeal  of  all 
the  acts  of  Parliament,  (which  were  enumer 
ated  at  length,)  that  had  been  passed  in  viola 
tion  of  those  rights;  entered,  "for  themselves 
and  their  constituents,"  into  a  non-importation, 
non-consumption,  and  non-exportation  agreement, 
upon  the  model  of  that  of  Virginia ;  and  finally 
put  forth  those  masterly  State  Papers  which  have 
been  immortalized  by  the  eloquent  applause  of 
Chatham  and  by  their  own  transcendent  merits.1 

While  the  Continental  Congress  was  yet  in 
session,  Virginia  met  her  savage  foes  in  the 
memorable  and  decisive  battle  of  Point  Pleasant, 
and  closed  one  war,  just  in  time  to  prepare  for 
another  and  graver. 

1  It  was  on  the  occasion  of  mak-  world, — that  for  solidity  of  reason 
ing  his  motion,  (20th  of  January  ing,  force  of  sagacity,  and  wisdom 
1775,)  for  the  withdrawal  of  the  of  conclusion,  under  such  a  corn- 
troops  from  Boston,  that  Lord  plication  of  difficult  circumstances, 
Chatham  spoke  thus  of  the  pro-  no  nation  or  body  of  men  can 
ceedings  of  the  Congress  of  1774  :  stand  in  preference  to  the  General 

"  When  your  lordships  look  at  Congress  at  Philadelphia.  I  trust  it 

the  papers  transmitted  us  from  is  obvious  to  your  lordships  that  all 

America ;  when  you  consider  their  attempts  to  impose  servitude  upon 

decency,  firmness,  and  wisdom,  you  such  men,  to  establish  despotism 

cannot  but  respect  their  cause  and  over  such  a  mighty  continental  na- 

wish  to  make  it  your  own.  For  tion,  must  be  futile,  must  be  vain." 
myself,  I  must  declare  and  avow  See  another  version  of  the  same 

that,  in  all  my  reading  and  obser-  noble  panegyric,  which,  with  pre- 

vation,  and  history  has  been  my  cisely  the  same  sentiments,  varies 

favorite  study,— I  have  read  Thu-  somewhat  in  language,  in  Bel- 

cydides,  and  have  studied  and  ad-  sham's  History  of  Great  Britain, 

mired  the  master  States  of  the  vol.  vi.  p.  99. 

VOL.  I.  6 


62  LIFE   AND   TIMES   OF  MADISON. 

It  was  under  these  circumstances  that  Mr. 
Madison  wrote  to  his  friend  Bradford  on  the 
20th  of  January,  1775  :— 

"We  are  very  busy  at  present,  in  raising  men 
and  procuring  the  necessaries  for  defending  our 
selves  and  our  friends  in  case  of  a  sudden  inva 
sion.  The  extensiveness  of  the  demands  of  the 
Congress,  and  the  pride  of  the  British  nation, 
together  with  the  wickedness  of  the  present  min 
istry,  seem  in  the  judgment  of  our  politicians  to 
require  a  preparation  for  extreme  events.  There 
will  by  the  Spring,  I  expect,  be  some  thousands 
of  well-trained,  high-spirited  men  ready  to  meet 
danger,  whenever  it  appears,  who  are  influenced 
by  no  mercenary  principles,  but  bearing  their 
expenses,  and  having  the  prospect  of  no  recom 
pense  but  the  honor  and  safety  of  their  country. 

"  I  suppose  the  inhabitants  of  your  province 
are  more  reserved  in  their  behaviour,  if  not 
more  easy  in  their  apprehensions,  from  the  prev 
alence  of  Quaker  principles  and  politics.  The 
Quakers  are  the  only  people  with  us,  who  refuse 
to  accede  to  the  continental  association.  I  can 
not  forbear  suspecting  them  to  be  under  the 
control  and  direction  of  the  leaders  of  the  party 
in  your  quarter ;  for  I  take  those  of  them  that 
we  have  to  be  too  honest  and  simple  to  have 
any  sinister  or  secret  views,  and  I  do  not  ob 
serve  anything  in  the  association  inconsistent 
with  their  religious  principles.  When  I  say 
they  refuse  to  accede  to  the  association,  my 


CORRECTION   OF   AN  HISTORICAL  ERROR.        63 

meaning  is,  that  they  refuse  to  sign  it, — that 
being  the  method  used  among  us  to  distinguish 
friends  from  foes,  and  to  oblige  the  common 
people  to  a  more  strict  observance  of  it.  I 
have  never  heard  whether  the  like  method  has 
been  adopted  in  the  other  governments. 

u  I  have  not  seen  the  following  in  print,  and 
it  seems  so  just  a  specimen  of  Indian  eloquence 
and  mistaken  valor  that  I  think  you  will  be 
pleased  with  it.  You  must  make  allowance  for 
the  unskilfulness  of  the  interpreter."  [He  then 
gives  the  "  Speech  of  Logan,  a  Shawanese  chief, 
to  Lord  Dunmore,"  in  the  same  words  (with  a 
few  very  slight  variations)  in  which  it  afterwards 
appeared  in  Mr.  Jefferson's  Notes  on  Virginia.]  l 

The  foregoing  letter  of  Mr.  Madison  leads  to 
the  correction  of  a  prevalent  historical  error 
with  regard  to  the  time  when  military  prepara 
tions  were  begun  in  Virginia  for  the  vindication 
by  force,  if  it  should  prove  necessary,  of  the 
rights  asserted  by  the  Colonies.  The  hitherto 
accredited  account  is,  that  the  resolutions  for 
arming  and  embodying  a  portion  of  the  militia, 
moved  by  Mr.  Henry  in  the  convention  which 
assembled  in  Kichmond,  on  the  20th  of  March, 
1775,  and  adopted  by  that  body,  sounded  the 
first  note  of  preparation  for  an  impending  con- 

l  The   last   paragraph   of   this  per  of  New  York  of  the  16th  of 

letter  of  Mr.  Madison  was  pub-  February,  1775,  as  "an extract  of 

lished   without    his    name,   a  few  a  letter  from  Virginia."  See  Amer- 

weeks  after  its  date,  together  with  ican   Archives,  4th   series,  vol.  i 

the  speech  of  Logan,  in  a  newspa-  p.  1020. 


64  LIFE   AND  TIMES   OF  MADISON. 

flict  of  arms;  and  that,  down  to  that  time,  the 
older  and  more  cautious  leaders  had  been  su 
pinely  relying,  and  were  even  then  disposed  to 
rely,  upon  the  vain  and  delusive  remedies  of 
"petition,  commercial  non-intercourse,  and  pas 
sive  fortitude."  Such  is  the  view  presented  by 
an  eloquent  biographer  of  Mr.  Henry,1  who,  with 
a  commendable  bias  in  favor  of  the  patriotism, 
spirit,  and  sagacity  of  his  illustrious  subject,  has 
not  been  sufficiently  on  his  guard  against  the 
tendency  of  that  bias  to  depreciate,  in  compar 
ison,  both  the  general  spirit  of  the  times,  and 
the  merits  of  other  illustrious  actors  in  the  same 
eventful  scenes.  But  the  truth  of  history,  how 
ever  it  may  slumber  for  a  season  in  unknown 
or  forgotten  documents,  awakes  at  last,  and  deals 
impartial  justice  to  all. 

The  letter  of  Mr.  Madison  proves,  that,  two 
months  at  least  in  advance  of  Mr.  Henry's  prop 
osition,  there  was  a  general  concurrence  of  pub 
lic  men  in  the  necessity  of  "preparation  for 
extreme  events,"  and  that  a  military  organiza 
tion  was  already  in  progress  in  Virginia,  which, 
by  the  Spring,  would  offer  to  the  country  "  some 
thousands  of  well-trained,  high-spirited  men,  ready 
to  meet  danger,  whenever  it  appears." 

In  a  most  valuable  and  authentic  repository 
of  original  documents,  we  find  a  letter  from  a 
gentleman  in  Maryland  to  his  correspondent  in 
Glasgow,  dated  as  early  as  the  1st  of  November, 

1  See  Wirt's  Life  of  Patrick  Henry,  pp.  114-124. 


PREPARATIONS  FOR  THE  CONTEST.     65 

1774,  in  which  the  following  statements  are 
made  :  "  The  province  of  Virginia  is  raising  one 
company  in  every  county,  which  will  make  a 
body  of  six  thousand  men.  They  are  all  inde 
pendent  ;  and  so  great  is  the  ambition  to  get 
among  them,  that  men  who  served  as  command 
ing  officers  last  war  and  have  large  fortunes, 
have  offered  themselves  as  private  men." l  And 
in  the  same  collection  is  an  official  letter  from 
Lord  Dunmore,  governor  of  Virginia,  to  the  Earl 
of  Dartmouth,  secretary  for  the  Colonies,  dated 
Williamsburg,  24th  of  December,  1774,  in  which 
the  Governor  says  :  "  Every  county  is  now  arm 
ing  a  company  of  men,  whom  they  call  an  inde 
pendent  company,  for  the  avowed  purpose  of 
protecting  their  committees,  and  to  be  employed 
against  government,  if  occasion  require.  The 
committee  of  one  county  has  proceeded  so  far 
as  to  swear  the  men  of  their  independent  com 
pany  to  execute  all  orders  which  shall  be  given 
them  from  the  committee  of  their  county."2 

Nor  was  this  an  irregular  popular  movement, 
without  the  well-considered   and   deliberate  sanc- 


1  See  American   Archives,  4th  who  investigated  with  great  care 
series,  pp.  953  and  1062.  and  industry  the  transactions  of 

2  Although  a  committee  of  the  these    times,   and    had    also    the 
House  of  Burgesses  in  June,  1775,  advantage    of    consulting    living 
in    an    elaborate   report    on    the  contemporary  testimony    on    the 
causes  of  the  public  disturbances  subject,    expresses     his     decided 
which  had  then  arisen,  complained  "  conviction,  upon  proofs  altogeth- 
of  this  letter  of  Lord  Dunmore,  er  satisfactory  to  Ms  mind"  that 
and  impeached  some  of  its  state-  the  leading  fact  stated   by  Lord 
ments,  yet  an  intelligent  historian,  Dunmore  was  true,  and  that  "  at 


66  LIFE   AND  TIMES    OF  MADISON. 

tion  of  the  leading  men  of  the  country.  In  the 
address  of  the  Continental  Congress  to  the 
inhabitants  of  the  Colonies,  in  the  month  of  Oc 
tober  preceding,  which  was  the  work  of  a  dis 
tinguished  Virginia  patriot,  Eichard  Henry  Lee, 
after  detailing  the  measures  of  a  pacific  character 
which  had  been  adopted  by  that  body,  the  fol 
lowing  significant  and  impressive  counsel  was 
given.  "  But  we  think  ourselves  bound  in  duty 
to  observe  to  you  that  the  schemes  agitated 
against  these  Colonies  have  been  so  conducted 
as  to  render  it  prudent  that  you  should  extend 
your  views  to  mournful  events  and  be,  in  all 
respects,  prepared  for  every  contingency."  That 
the  contingency  of  an  appeal  to  arms,  with  the 
necessity  of  preparation  for  it,  was  in  the  mind 
of  Washington  at  this  time,  is  proved  by  his 
enthusiastic  declaration  in  open  convention  that 
"he  was  ready  to  raise,  and  subsist  at  his  own 
expense,  a  body  of  one  thousand  men,"  for  the 
defence  of  the  liberties  of  the  country.1 

The  noble  resolves  of  the  Virginia  officers,  at 
a  meeting  held  by  them  in  the  bosom  of  the 
western  forest  on  the  5th  day  of  November, 
1774,  just  after  they  had  terminated  their  glo 
rious  campaign  against  the  Indians,  pledging 
themselves,  their  swords  still  unsheathed,  "  to 

the  time  of  writing  his  letter,  a  Virginia    by    Skelton    Jones,  4th 

company  of  men  was  arming  in  Burk,  p.  41,  in  note. 

almost    every   county,   if   not  in  l  See  Works  of  John  Adams, 

every  county,  in  the  Colony."  See  vol.  n.  p.  360. 

Continuation  of  Burk's  History  of 


SPIRIT   OF  THE  TIMES.  67 

exert  every  power  within  them  for  the  defence 
of  American  liberty," l  sufficiently  testified  the 
spirit  with  which  they  were  animated,  and  their 
readiness  for  any  contingency.  The  same  spirit 
pervaded  the  ranks  of  civil  life. 

Its  general  diffusion,  even  at  an  earlier  date, 
was  evinced  in  a  striking  manner  by  the  simul 
taneous  publication  of  two  patriotic  appeals  from 
different  writers,  which  appeared  on  the  same 
day  (28th  of  July,  1774,)  in  Williamsburg  :  one 
by  the  celebrated  civilian  and  jurist,  Thomson  Ma 
son,  telling  his  countrymen  that,  if  their  peace 
ful  and  constitutional  efforts  for  redress  should 
fail,  u  you  must  draw  your  swords  in  a  just 
cause,  and  rely  upon  that  God,  who  assists  the 
righteous,  to  support  your  endeavours  to  pre 
serve  the  liberty  he  gave,  and  the  love  of  which 
he  hath  implanted  in  your  hearts  as  essential  to 
your  nature."  The  other  by  an  anonymous  but 
most  able  and  eloquent  writer,  concluding  with 
this  bold  and  lofty  invocation :  "  Let  us,  then, 
protest  against  the  authority  of  Parliament  in 
every  case  whatever ;  let  us  forbid  our  magis 
trates  to  be  governed  by  their  acts,  on  pain  of 
incurring  the  just  indignation  of  an  injured  peo 
ple  ;  and  above  all,  let  us  remember,  in  times 
of  necessity,  that  with  the  sword  our  forefathers 
obtained  their  constitutional  rights,  and  by  the 
sword  it  is  our  duty  to  defend  them." 2 

1  American  Archives,  (4th  se-        2  Idem,  pp.  647  and  653. 
ries,)  vol.  i.  p.  962. 


68  LIFE  AND  TIMES   OF  MADISON. 

With  these  evidences  before  us  of  the  spirit 
of  the  times,  and  the  well-attested  fact  that  an 
imposing  military  organization  had  already  taken 
place  in  Virginia,  under  the  auspices  of  the  sev 
eral  county  committees,  of  which  a  large  majority 
of  the  convention  were  doubtless  active  mem 
bers,  the  assertion  that  the  convention  shrank 
back  in  terror  and  alarm  from  the  comparatively 
tame  proposition  of  Mr.  Henry  for  embodying, 
arming,  and  disciplining  a  portion  of  the  militia, 
and  that  it  required  "  his  steadier  eye  and  deeper 
insight,"  his  "firm  and  manly  heart,"  to  push 
them  from  the  precipice,  to  which  they  still 
clung  with  "suppliant  tenderness/'1  must  appear 
rash  indeed. 

If  there  were  enlightened  and  leading  mem 
bers  of  the  convention  who  opposed  the  adop 
tion  of  Mr.  Henry's  resolutions,  it  must  have 
been  because,  with  the  knowledge  they  possessed 
of  the  extensive  military  organization  which  had 
already  taken  place  and  was  still  going  on  in 
Virginia,  they  considered  them  unnecessary  for 
any  practical  purpose, — that,  by  a  needless  proc 
lamation  of  our  preparations  to  the  adverse  party, 
who  would  thus  be  stimulated  to  arm  in  turn, 
their  adoption  would  prove  injurious  to  the  rela 
tive  strength  of  the  Colonies, — and  that,  if  any 
new  measure  were  called  for,  it  ought  to  be  of 
a  more  vigorous  and  efficient  character.  Accord 
ingly,  that  faithful  and  well-tried  patriot,  Kobert 

1  Wirt's  Life  of  Patrick  Henry,  ubi  supra. 


JUST  CLAIMS   OF  PATRICK  HENRY.  69 

Carter  Nicholas,  classed  among  the  halting  and 
laggard  opponents  of  Mr.  Henry's  resolutions, 
the  moment  they  were  carried  by  a  vote  of  the 
convention,  rose  and  moved  the  substitution  of 
a  more  efficient  system  of  defence  by  raising  ten 
thousand  regulars,  instead  of  embodying  a  por 
tion  of  the  militia.1 

In  rectifying,  by  the  testimony  of  Mr.  Mad 
ison  and  others,  an  historical  error  which  does  in 
justice  to  many  of  the  truest  patriots  of  Virginia, 
as  well  as  the  spirit  of  her  people  in  a  crisis  of 
great  public  trial,  no  design  has  been  entertained 
of  derogating,  in  any  degree,  from  the  proud 
merits  of  Mr.  Henry.  His,  indeed,  was  a  distin 
guished  and  splendid  role.  By  his  ever  memo 
rable  resolutions  in  opposition  to  the  Stamp 
Act,  and  the  lofty  eloquence  with  which  he  sus 
tained  them,  he  struck  a  timely  blow  which 
resounded  through  America  and  the  world,  and 
roused  a  spirit  that  never  slumbered  till  its 
great  work  was  accomplished.  The  moment  was 
opportune  and  critical ;  and  he  seized  it  with  a 

1  At  the  succeeding  convention  ion.  Writing  to  General  Wash- 
in  July,  1775,  the  more  efficient  ington  on  the  14th  of  October, 
system  proposed  by  Mr.  Nicholas  1775,  of  the  proceedings  of  this 
was  actually  adopted.  As  this  gen-  convention,  he  says :  "  Our  friend 
tleman,  with  Mr.  Pendleton,  Mr.  the  Treasurer  (R.  C.  Nicholas) 
Bland  and  others,  has  been  re-  was  the  warmest  man  in  the  con- 
proached  with  backwardness  in  the  vention  for  immediately  raising  a 
earlier  movements  of  the  Revolu-  standing  army  of  not  less  than  four 
tion,  it  is  gratifying  to  find  so  thor-  thousand  men,  upon  constant  pay." 
ough  a  champion  of  the  cause  as  See  Sparks's  Washington,  vol.  in. 
George  Mason  bearing  the  strong-  p.  152,  in  note, 
est  testimony  to  his  zeal  and  decis- 


70 


LIFE   AND  TIMES   OF  MADISON. 


bold  and  felicitous   energy  that  belonged  to  his 
ardent  and  impassioned  nature. 

His  was  the  temperament  and  the  genius  of 
the  great  popular  orator,  that  fitted  him  to  lead 
at  such  a  moment,  and,  like  Aaron,  to  proclaim 
the  divine  message  of  freedom  to  his  country 
men,  and  of  wrath  and  denunciation  to  their 
oppressors.  There  were  others,  like  Moses,1  not 
possessing  this  superlative  gift  of  eloquence,  but 
prepared,  when  the  proper  time  should  come,  to 
act  their  several  parts,  even  the  highest,  in  the 
great  drama  of  national  deliverance,  with  a  fore 
sight,  fortitude,  and  wisdom  that  could  be  sur 
passed  by  none.2 

1  The  following  scriptural  par-  justice  to  that  venerable  public 
allel  is  strikingly  illustrative  and  servant  and  to  those  who,  like  him, 
true  to  nature,  and  is  often  repro-  opposed  Mr.  Henry's  resolutions 
duced  in  the  men  of  action  and  on  the  Stamp  Act  as  inexpedient, 
men  of  speech  in  great  national  requires  should  not  remain  un 
known.  The  Stamp  Act,  which 
was  passed  in  March,  1765,  did 


emergencies : — 

"  Moses   said    unto    the    Lord, 

O  my  Lord,  I  am  not  eloquent,  not  go  into  operation  till  the  month 
but  slow  of  speech,  and  of  a  slow  of  November  following.  When  it 
tonjrue."  Exodus,  chap.  iv.  v.  10.  went  into  operation,  the  courts  of 

Virginia  universally  ceased   from 
the  transaction  of  civil  business,  in 


order  to   avoid   the   necessity  of 


"  The  Lord  said,  Is  not  Aaron 
the  Levite  thy  brother  ?  I  know 
that  he  can  speak  well."  v.  14. 

"  Thou   shalt   speak   unto   him,     giving  effect  to  the  obnoxious  act. 
and  put  words  in  his  mouth."  v.  15.     After  the  lapse  of  a  few  months, 

"  And  he  shall  be  thy  spokes 
man  unto  the  people,  and  he  shall 
be,  even  he  shall  be  to  thee  instead 
of  a  mouth,  and  thou  shalt  be  to 
him  instead  of  God."  v.  16. 


2  Among    the    papers   of   Mr. 


however,  such  were  the  inconven 
iences  of  a  total  occlusion  of  the 
courts,  that  the  question  was  pre 
sented  whether  they  ought  not  to 
be  reopened,  and,  in  that  case, 
whether,  in  their  judicial  proceed 
ings,  they  should  give  effect  to  the 


Madison  is  a   letter  addressed  to     provisions  of  the  Stamp  Act.     Mr 
his  father  by  Mr.  Peudleton,  which     Pendleton,  a  lawyer  by  profession 


PATRIOTISM  OF  LANDED  INTEREST. 


71 


Another  error,  akin  to  that  just  noticed,  is 
that  the  great  movements  of  the  Revolution  in 
Virginia  had  a  purely  democratic  origin,  to  which 
the  men  of  large  estates,  stigmatized  as  the 
u  Landed  Aristocracy," l  were  for  the  most  part 
strangers,  if  not  enemies.  This  version  of  our 
history  is  of  comparatively  recent  date,  but  has 
received  countenance  from  names  of  so  much  re 
spectability  in  our  literature  and  politics,2  that, 

was  at  the  same  time  a  magistrate     mean   constitutional   authority  in 


of  his  county,  and  as  such  a  mem 
ber  of  the  county  court.  In  the 
discharge  of  his  judicial  functions, 
he  at  once  took  the  bold  ground 
of  treating  the  Stamp  Act  as  a  nul 
lity,  in  consequence  of  the  want  of 
constitutional  authority  in  Parlia 
ment  to  pass  it.  This  was  going  a 
step  beyond  Mr.  Henry's  resolu 
tions.  He  thus  announces  to  his 
friend  his  determination,  and  the 
reasons  of  it : — 

"  We  must  resolve  to  admit  the 
stamps,  or  proceed  without  them, 
for  to  stop  all  business  must  be  a 

greater  evil  than  either For 

my  own  part,  I  never  have  or  will 
enter  into  noisy  and  riotous  com 
panies  on  the  subject.  My  senti 
ments  I  shall  be  always  ready  to 
communicate  to  serious  men.  As 
a  magistrate,  I  have  thought  it  my 
duty  to  sit,  and  we  have  constantly 
opened  court ;  and  I  shall  not  hes 
itate  to  determine  what  people  de 
sire  me  and  run  the  risk  of,  them 
selves  ;  and  having  taken  an  oath 
to  decide  according  to  law,  shall 
never  consider  that  Act  (Stamp 
Act)  as  such,  for  want  of  power,  I 


Parliament  to  pass  it.  On  this 
principle,  upon  a  matter  being  pro 
posed  at  last  court  within  the  act,  I 
informed  the  court  it  was  so,  and 
then  put  a  general  previous  ques 
tion  whether  they  would  proceed 
in  any  business  desired,  notwith 
standing  that  act.  They  gener 
ally  expressed  their  intention  to 
proceed  this  Spring,  but  thought 
it  was  best  to  wait  awhile  longer 
as  they  had  hitherto  stopped. — 
Were  I  applied  to  for  an  attach 
ment,  or  any  other  thing  within 
my  office  out  of  court,  I  would 
grant  it  at  the  party's  risk  as  to 
the  validity  of  it ;  for  I  am  not 
afraid  of  the  penalty,  at  least  so 
much  as  of  breaking  my  oath." 
Manuscript  Letter  of  Edmund 
Pendleton  to  James  Madison,  Sr., 
dated  Feb.  15,  1766. 

'  See  Wirt's  Life  of  Patrick 
Henry,  pp.  44  and  54, 

2  Mr.  Grigsby,  in  his  Discourse 
on  the  Virginia  Convention  of 
1776,  and  Ex-President  Tyler,  in 
his  Oration  at  Jamestown  deliv 
ered  May,  1857. 


72  LIFE  AND  TIMES   OF  MADISON. 

in  the  retrospect  of  our  annals  into  which  the 
early  life  of  Mr.  Madison  leads  us,  it  appears 
inexcusable  not  to  pause  for  a  moment  to  in 
quire  how  far  it  is  justified  by  contemporary 
testimony. 

A  simple  roll-call  of  the  names  which,  along 
with  Mr.  Henry's,  will  ever  stand  most  conspic 
uous  in  the  records  of  this  august  era  of  Vir 
ginia  patriotism,  would,  of  itself,  seem  a  sufficient 
answer  to  so  novel  a  theory.  What  were  Wash 
ington,  the  Lees,  the  Masons,  the  Pages,  the 
Nelsons,  not  to  mention  others  their  numerous 
and  gallant  compeers  in  every  part  of  the  Col 
ony,  but  large  landed  proprietors,  holding,  as 
such,  a  deep  stake  in  the  liberties  and  happiness 
of  the  country.  If  such  men  were,  in  a  certain 
sense,  an  aristocracy,  it  was  an  aristocracy  pledged 
by  its  very  nature  to  the  general  good,  and  con 
stituted,  by  the  advantages  of  superior  fortune 
and  education,  the  vigilant  sentinels  and  faithful 
guardians  of  the  common  safety.  They  were 
the  natural  leaders  of  the  people  in  a  crisis  of 
public  danger;  and  the  people  willingly  and  of 
their  own  choice,  without  jealousy  or  distrust, 
followed  their  lead. 

That  such  was  the  constitution  of  society  in 
Virginia,  both  politically  and  morally,  at  the 
period  of  the  revolutionary  struggle,  and  indeed 
long  after,  a  careful  study  of  our  history  will 
indisputably  prove.  If  we  look  at  the  compo 
sition  of  the  county  committees  which,  at  the 


COUNTY   COMMITTEES.  73 

time  of  which  we  are  now  speaking,  were  in 
trusted  with  large  and  almost  dictatorial  powers 
to  provide  for  the  public  safety,  we  shall  see 
that  it  was  the  men  of  estates,  of  property  and 
education,  who  were  invariably  placed  upon  them 
by  the  public  voice.  In  the  county  of  Mr.  Mad 
ison's  birth  and  residence,  we  find  that  on  the 
22d  of  December,  1774,  a  month  preceding  the 
date  of  his  letter  given  above,  his  father,  prob 
ably  the  largest  proprietor  of  the  county,  was 
made  chairman  of  the  committee,  and  that  the 
names  of  Taylor,  Barbour,  Taliaferro,  and  other 
well  known  proprietors,  appear  upon  the  list  of 
its  members ;  and  his  own,  "  James  Madison,  Jr.," 
though  then  a  young  man  of  twenty-three  years 
only,  also  among  them, — an  honorable  distinction 
accorded  to  his  early  patriotism  and  ability,  and 
a  presage  of  his  future  services  to  the  country. 

The  names  of  Archibald  Gary,  Robert  Carter 
Nicholas,  Peyton  Randolph,  George  Wythe,  Ben 
jamin  Harrison,  and  others,  with  whom  the  pos 
session  of  property  was  not  supposed  to  infer 
an  indifference  to  liberty,  appear  upon  these 
county  committees  as  early  as  the  year  1774. 
George  Washington,  whose  large  fortune  cer 
tainly  did  not  impair  the  force  of  his  patriotism, 
was  chairman  of  the  county  committee  of  Fair 
fax;  and  at  a  meeting  of  that  committee,  held 
on  the  17th  of  January,  1775,  Col.  Washington 
presiding,  resolutions  were  passed  for  arming 
and  organizing  the  militia  of  the  county,  in 


VOL.  I. 


74  LIFE    AND  TIMES   OF  MADISON. 

which  the  same  considerations  were  set  forth, 
and  in  the  same  language,  which  were  after 
wards  employed  by  Mr.  Henry  in  the  resolutions 
moved  by  him  in  the  convention,  and  for  which, 
as  we  have  seen,  he  has  been  specially  applauded 
as  the  originator,  of  a  bold  and  necessary  meas 
ure,  in  advance  of  all  his  contemporaries.1 

With  what  noble  and  generous  zeal  these  pa 
triotic  men  of  fortune  in  Virginia  devoted  them 
selves  to  the  vindication  of  American  rights  in 
the  day  of  peril,  is  shown  by  the  contemporary 
testimony  already  cited.  Many  of  them,  accord- 

1  That  the  reader  may  the  better  judge  of  this  coincidence,  which 
could  hardly  have  been  accidental,  we  annex  one  of  the  Fairfax  reso 
lutions,  (which,  it  will  be  perceived,  was  avowedly  but  an  echo  to  an 
opinion  expressed  by  the  Maryland  Convention,)  and  the  correspond 
ing  resolution  offered  by  Mr.  Henry  in  the  Virginia  Convention  : — 

Fairfax  Resolution,  adopted  nth  Mr.  Henry's  Resolution,  offer edZSd 

of  January,  1 7  75.  of  March,  1 7  75. 
"  Resolved,  That  this  commit-  "  Resolved,  That  a  well-regu- 
tee  do  concur  in  opinion  with  the  lated  militia,  composed  of  gentle- 
Provincial  Committee  of  Maryland  men  and  yeomen,  is  the  natural 
that  a  well-regulated  militia,  com-  strength  and  only  security  of  a 
posed  of  gentlemen,  freeholders,  free  government ;  that  such  a  mi- 
and  other  freemen,  is  the  natural  litia  in  this  Colony  would  forever 
strength  and  only  stable  security  render  it  unnecessary  for  the  moth- 
of  a  free  government,  and  that  er  country  to  keep  among  us,  for 
such  militia  will  relieve  our  moth-  the  purpose  of  our  defence,  any 
er  country  from  any  expense  in  standing  army  of  mercenary  sol- 
our  protection  and  defence,  will  diers,  always  subversive  of  the 
obviate  the  pretext  for  taxing  us  quiet  and  dangerous  to  the  liber- 
on  that  account,  and  render  it  un-  ties  of  the  people,  and  would  ob- 
necessary  to  keep  standing  armies  viate  the  pretext  of  taxing  us  for 
among  us, — ever  dangerous  to  lib-  their  support." 
ertv-"  See  Journal  of  Virginia  Con- 
See  Am.  Arch.  (4th  series,)  vention  of  1775,  p.  5. 
vol.  i.  p.  1145. 


CHARACTER  OF  THE  VOLUNTEERS. 


75 


ing  to  one  of  the  statements  quoted  above, 
though  "  men  of  large  fortunes "  and  having 
served  "as  commanding  officers  in  the  last  war," 
entered  the  ranks  of  these  volunteer  companies 
as  privates.  The  volunteers,  in  general,  according 
to  Mr.  Madison,  were  "  high-spirited  men,  bearing 
their  own  expenses,  and  having  no  prospect  of 
recompense  but  the  honor  and  safety  of  their 
country."  Such  an  aristocracy  as  this  was  worthy 
to  lead,  as  the  only  precedence  it  claimed  was  a 
precedence  of  danger,  of  responsibility,  of  sacrifice.1 


1  Among  the  many  examples  of 
the  self-sacrificing  devotion  of  this 
noble  class  of  patriots  in  Virginia, 
none  was  more  remarkable  than 
that  of  General  Thomas  Nelson, 
whose  statue  it  has  been  recently 
determined  to  place  in  the  illus 
trious  group,  which  is  to  form  the 
entourage  of  the  Washington  mon 
ument  at  Richmond.  After  having 
signed  the  Declaration  of  Inde 
pendence,  as  one  of  the  delegates 
of  Virginia  in  Congress,  he  re 
turned  to  his  native  State  to 
uphold  it  by  his  services  and  ex 
ertions  in  the  council  and  in  the 
field.  He  was  placed  in  command 
of  the  militia  of  the  State,  and  also 
elected  governor,  at  the  most  crit 
ical  period  of  the  war,  immediately 
preceding  the  surrender  of  the 
main  body  of  the  enemy's  forces 
at  York  town. 

The  extraordinary  exertion  re 
quired  of  Virginia  at  that  time, 
and  the  low  state  of  her  finances 
and  public  credit,  imposed  upon 
her  governor  a  weight  of  respon 


sibility,  which  it  required  a  Roman 
spirit  to  meet.  General  Nelson 
gave  himself  and  all  he  had,  freely 
and  unhesitatingly,  to  the  cause. 
While  nothing  could  be  obtained 
for  the  supply  of  the  army  upon 
the  exhausted  credit  of  the  State, 
his  personal  engagements  were 
readily  accepted  and  never  with 
held.  In  this  manner,  the  whole 
of  his  princely  fortune  was  ab 
sorbed  in  the  payment  of  his  lia 
bilities  for  the  public.  When  the 
country,  in  the  enjoyment  of  inde 
pendence,  became  prosperous  and 
powerful,  his  descendants  thought 
it  not  unbecoming  to  ask  of  the 
public  councils  some  retribution 
of  the  immense  and  generous  sac 
rifices  of  their  ancestor. 

It  was  upon  this  occasion  that 
Mr.  Madison,  appealed  to  for  his 
recollection  of  the  services  and 
losses  of  General  Nelson  in  the 
cause  of  the  country,  returned  the 
following  answer,  which  is  so  glow 
ing  and  just  a  tribute  to  his  merits, 
and  to  those  of  another  of  our 


76 


LIFE   AND  TIMES   OF  MADISON. 


The  exhibition  of  so  fervid  and  manly  a  love 
of  liberty  by  the  Virginians  of  this  epoch  has 
been  thought,  by  one  of  the  writers  already 
alluded  to,1  to  be  entirely  inconsistent  with  the 
received  accounts  of  the  predominance  of  the 
Cavalier  element  an  the  early  emigrations  to  the 
Colony.  But  if  there  be  any  historical  fact 
beyond  the  reach  of  modern  disputation,  this, 


revolutionary  worthies,  whom  he 
gracefully  associates  with  him,  that 
we  cannot  deny  our  readers  the 
gratification  of  its  perusal. 

"  MONTPELIER,  Nov.  7,  1833. 

"  I  regret  that  my  absence  from 
the  State  during  his  meritorious 
services  as  a  military  commander 
and  governor,  deprived  me  of  the 
opportunity  of  having  any  personal 
knowledge  of  them.  But  my  gen 
eral  acquaintance  with  his  charac 
ter,  and  the  impressions  left  by 
whatever  was  of  public  notoriety, 
make  me  readily  confide  in  the 
statements  of  the  petition,  and  in 
spire  a  sincere  wish  that  it  may  be 
favorably  received. 

"  My  personal  acquaintance  with 
General  Nelson  was  limited  to  a 
few  opportunities  at  an  early  stage 
of  the  Revolution.  It  was  suffi 
cient,  however,  to  disclose  to  me 
his  distinguished  worth.  He  was 
excelled  by  no  man  in  the  gen 
erosity  of  his  nature,  in  the  noble 
ness  of  his  sentiments,  in  the  purity 
of  his  revolutionary  principles,  and 
in  an  exalted  patriotism  that  en- 
eured  every  service  and  sacrifice 
that  his  country  might  need. 


"  With  this  view  of  the  subject, 
it  could  not  but  accord  with  my 
best  sympathies  that  nothing  which 
may  be  due  to  the  ancestor  may 
be  withheld  from  the  heirs  to  it. 
I  must  be  allowed  to  add  that  the 
gratification  will  be  increased  by 
the  knowledge  that  the  benefit  will 
be  shared  by  the  descendants  of 
Governor  Page,  whose  memory 
will  always  be  classed  with  that 
of  the  most  distinguished  patriots 
of  the  Revolution.  Nor  was  he 
less  endeared  to  his  friends,  among 
whom  I  had  an  intimate  place,  by 
the  interesting  accomplishments  of 
his  mind  and  the  warmth  of  his  so 
cial  affections,  than  he  was  to  his 
country  by  the  evidence  he  gave 
of  devotion  to  the  republicanism 
of  its  institutions. 

"  With  great  and  cordial  re 
spect,  JAMES  MADISON." 

1  In  differing  from  so  learned 
and  patriotic  a  writer,  our  tribute 
of  thanks  is  none  the  less  for  his 
pious  and  admirable  labors  in 
commemoration  of  departed  patri 
ots  and  worthies,  whose  services 
and  examples  form  an  inseparable 
part  of  the  national  inheritance. 


CAVALIER  ELEMENT  IN  VIRGINIA.  77 

undoubtedly,  is  one.  At  the  time  of  the  settle 
ment  of  Virginia,  as  well  as  before  and  after, 
the  Puritan  controversy  had  divided  the  English 
nation  into  two  great  parties, — the  one  demand 
ing  change  and  reform,  especially  in  the  Church ; 
the  other  adhering  to  the  established  order  of 
things,  both  in  Church  and  State.  The  latter 
did  not,  in  point  of  fact,  receive  the  name  of 
Cavalier  till  a  somewhat  later  period,  when  it 
was  given  as  the  antitheton  of  Eoundhead,  ap 
plied  to  its  adversary.1  But  in  historical  disqui 
sitions  of  the  present  day,  the  two  parties  are 
known  from  their  origin  under  the  denomina 
tions  of  Puritan  and  Cavalier. 

No  fact  is  better  established  than  that  the 
early  English  emigrants  to  Virginia,  for  the  first 
half  century  of  her  history,  with  here  and  there 
an  exception  serving  only  to  prove  the  general 
rule,  were  "  loyal  subjects  to  both  King  and 
Church." 2  It  could  not  but  be  so ;  for  the 
stringent  laws  of  the  Colony  from  the  begin 
ning,  with  regard  to  Church  conformity,  rendered 
it  altogether  an  uninviting  abode  to  persons  of 
other  sentiments,  while  the  subversion  of  Throne 
and  Church  in  England,  during  the  civil  wars 
which  soon  followed,  furnished  a  new  and  super- 
added  motive  for  the  Cavaliers  to  seek  an 
asylum  in  a  land  where  their  principles  and 

1  According  to  Clarendon,  these  party  designations  were  first  ap 
plied  in  the  year  1641.      See  History  of  the  Rebellion,  book  iv. 

2  Jefferson.     See  his  Writings,  vol.  I.  p.  31. 

7* 


78  LIFE  AND   TIMES   OF  MADISON. 

predilections  were  unproscribed.  Down  to  the 
period  of  the  Restoration,  then,  the  great  mass 
of  the  emigration  from  England  to  Virginia  must 
have  been,  as  unquestionable  historical  proofs 
shovr  that  it  was,  of  the  Cavalier  strain ;  and 
this  is  farther  demonstrated  by  the  general  and 
joyous  enthusiasm  with  which  that  event  was 
hailed  in  Virginia. 

At  that  time  the  population  of  Virginia  had 
acquired  a  stable  character.  It  approached  to 
forty  thousand;1  and  the  natural  increase  upon 
such  a  stock  by  children  born  upon  the  soil, 
whose  multiplication  had  been,  fourteen  years  be 
fore,  the  subject  of  special  and  touching  thanks 
giving  in  an  act  of  the  Colonial  Assembly,2 
insured  the  future  and  steady  growth  of  the 
Colony,  with  no  other  than  the  ordinary  acces 
sions  from  abroad.  Virginia  was  now  the  cher 
ished  home  and  abiding  place  of  her  inhabitants; 
and  all  classes,  native  and  adopted,  united  in 
zealous  and  filial  efforts  to  build  up  her  pros 
perity,  and  to  watch  over  and  guard  her  inter 
ests  and  rights. 

After   the   Eestoration,   there    came   in   a  few, 

1    It    actually    surpassed    that        2  «  God  Almighty,  among  many 

amount    a    few    years   after,    (in  his   other   blessings,   hath   vouch- 

1671,)    according   to    the    official  safed  increase  of  children  to  this 

statement    of   the   governor,    Sir  Colony,  who  are   now  multiplied 

William  Berkeley.     See  his  An-  to   a   considerable   number,"   was 

swers  to  Enquiries  of  the  Lords  of  the  language  of  the  Assembly  in 

the  Committee  of  the  Colonies  in  the  act  of  1646,  here  alluded  to. 

Chalmers,  p.   325,   and    n.  Hen.  Hen.  Stat.,  vol.  i.  p.  336. 
Stat.,  pp.  511-517. 


CAVALIER  ELEMENT  INT  VIRGINIA.  79 

and  but  a  few,  of  the  Oliverian  soldiers ;  soon 
after,  some  of  the  followers  of  the  Duke  of 
Monmouth,  who  were  banished  to  Virginia;  then 
came  the  interesting  band  of  Huguenots,  who 
were  concentrated  in  a  single  settlement  on  the 
James  River,  above  its  Falls;  and  then  a  number 
of  Scotch-Irish  and  German  families,  who  settled 
for  the  most  part  in  the  transmontane  valley  of 
Virginia.  They  were  all  valuable  accessions  to 
the  progressive  development  of  the  Colony ;  but 
the  main  stream  of  emigration  continued  to  be 
from  England  and  Scotland,  and  of  those  who 
brought  with  them  loyal  attachments  to  the 
constitution  of  England,  in  both  Church  and 
State. 

If  we  descend  from  this  general  historical  view 
of  the  early  population  of  Virginia  to  the  gene 
alogy  of  individual  families,  we  are  met  by  the 
indisputable  fact  that  many  of  the  leading  and 
most  distinguished  patriots  of  the  Revolution 
were  the  descendants  of  men  who  had  sealed, 
with  their  blood  in  the  field  of  battle,  their  loy 
alty  to  Charles  I.  in  his  contest  with  the  Long 
Parliament.  Washington's  grandfather  was  the 
first  cousin  of  the  Colonel  Henry  Washington 
who,  in  1643,  so  gallantly  led  a  forlorn  hope  for 
the  King  at  the  taking  of  Bristol,  and  three 
years  afterward,  with  desperate  courage,  defended 
a  feeble  and  reduced  garrison,  to  the  last  ex 
tremity,  against  the  overwhelming  forces  of  Fair 
fax.  The  paternal  ancestor  of  George  Mason 


80  LIFE  AND    TIMES   OF  MADISON. 

raised  a  corps  for  the  service  of  the  King,  which 
he  led  in  person  against  the  troopers  of  Crom 
well,  and  continued  to  adhere  to  the  royal  stand 
ard  with  unshaken  fidelity,  till  the  "crownino- 
mercy"  of  the  field  of  Worcester  crushed  the 
last  hopes  of  the  Cavaliers,  and  drove  him,  with 
other  gallant  spirits,  to  seek  a  new  home  in  the 
distant  and  unsubdued  Colony  of  Virginia. 

The  Cavalier  blood  of  the  noble  Falkland,  who 
offered  up  his  life  on  the  plains  of  Newbury,  a 
costly  sacrifice  to  a  romantic  sentiment  of  loy 
alty  and  honor,  flowed  in  the  veins  of  a  Virginia 
patriot,  Archibald  Gary,1  than  whom  Liberty  never 
had  a  firmer  friend,  or  Tyranny  a  more  deter- 
mined  foe.  The  Lees,  the  Elands,  the  Carters, 
the  Eandolphs,  the  Digges',  the  Byrds,  and  oth 
ers  among  the  foremost  patriots  of  the  day, 
whose  genealogies  either  curiosity  or  filial  piety 
may  have  explored,  were  of  well  known  Cavalier 
descent. 

^This  new  interpretation  of  the  early  annals  of 
Virginia,  so  contrary  to  hitherto  received  ac 
counts  and  well  attested  history,  seems  to  have 
arisen  from  a  strange  and  exaggerated  miscon 
ception  of  the  character  of  the  Cavalier.  The 
Cavalier,  it  is  said,  was  a  slave,— doubly  a  slave 
to  King  and  Church.  How  does  this  picture 

1  It  was  Archibald  Gary,  then  of  creating  a  Dictator  in  Virginia, 

Speaker  of  the  Senate,  whose  stern  during  the  first  year  of  the  revolu- 

ptirpose  and   republican  firmness  tionary  war.    See  Girardin,  Burk's 

are  supposed  to  have  had  great  Hist,  of  Va,  vol.  iv.  p.  190,  and 

influence  in  defeating  the  project  Wirt's  Life  of  Henry,  p.  205. 


CAVALIER  ELEMENT  IN  VIRGINIA.  81 

accord  with  the  sober  testimony  of  history  ? 
What  is  the  judgment  of  English  historians,  even 
of  the  school  of  politics  most  decidedly  opposed 
to  the  pretensions  of  the  King  in  his  memorable 
contest  with  the  Parliament?  The  great  oracle 
of  that  school,  and  the  most  admired  historical 
writer  of  the  present  day,  says :  "Many  men, 
whose  virtues  and  abilities  would  have  done 
honor  to  any  cause,  ranged  themselves  on  the 
side  of  the  King." l  The  biographer  of  the  great 
parliamentary  leader,  Hampden,  while  celebrating 
with  noble  zeal  the  just  praises  of  that  incom 
parable  patriot  and  statesman,  does  not  hesitate 
to  say  that  there  stood  opposed  to  him,  and  on 
the  side  of  the  King,  many  "who  were  high- 
minded  and  steady  friends  of  liberty."  2 

Among  them  were  Falkland,  of  whom,  we  have 
just  spoken  ;  the  virtuous  Southampton,  whose 
father  had  been  the  watchful  guardian  and  un 
flinching  champion  of  Virginia  freedom  in  the 
ardent  conflicts  of  the  London  Company ;  the 
chivalric  Sir  Bevill  Grenvil,3  whose  name,  for 
generosity  and  elevation  of  spirit,  must  ever  be 
linked  in  glorious  companionship  with  that  of 
Falkland;  Sir  Ralph  Hopton,  Lord  Capel,  the 
Marquis  of  Hertford,  and  others,  some  of  whom, 
it  is  well  known,  had  firmly  cooperated  with  the 

1  Macaulay,  Hist.  Eng.  vol.  I.  reer,  and  a  noble  letter  written  by 
p.  88.  him  to  his  friend,  Sir  Joseph  Tre- 

2  Lord  Nugent,  Life  of  Hamp-  lawney,  in  Nugent,  vol.  n.  pp.  192- 
den,  vol.  n.  p.  190.  198. 

3  See  some  incidents  of  his  ca- 


82 


LIFE  AND  TBIES   OF  MADISON. 


opponents  of  arbitrary  power  in  all  those  great 
measures  by  which,  during  the  first  nine  months 
of  the  Long  Parliament,  the  cause  of  British  con 
stitutional  freedom  was  vindicated,  and,  as  they 
hoped,  entrenched  against  the  danger  of  future 
assault.  When,  a  few  months  afterwards,  the 
"Grand  Kemonstrance "  sounded  the  signal  of 
what  seemed  to  many  an  approaching  revolution, 
men,  who  were  before  united  on  the  ground  of 
the  constitution,  separated,  more  perhaps  accord 
ing  to  their  hopes  and  fears  than  their  principles, 
and  some  rallied  to  the  side  of  the  monarchy, 
while  others  embraced  that  of  the  Parliament.1 


l  The  class  of  country  gentlemen, 
who  had  gradually  risen  to  great 
influence  and  power,  played  a  most 
important  part  on  the  one  side  and 
the  other  in  the  mighty  questions 
which  were  then  at  issue.  Lord 
Macaulay,  whose  bold  and  striking 
generalizations  occasionally  substi 
tute  brilliant  fancy  sketches  for 
sober  historical  portraits,  has,  it 
seems  to  us,  in  the  sweeping  com 
prehensiveness  of  the  language 
used  by  him,  given  rather  a  delu 
sive  picture  of  the  country  gentle 
man  of  the  seventeenth  century; 
whom  he  describes,  even  those  of 
large  fortunes  and  collegiate  edu 
cations,  as  coarse,  vulgar,  sensual, 
ignorant  of  the  refinements  of  so 
ciety,  and  destitute  of  every  liberal 
and  cultivated  taste. 

This  picture  may  be  true  to  a 
certain  extent,  with  reference  to 
the  reign  of  Charles  II.,  when  a 


sudden  and  rapid  degeneracy  of 
manners  had  taken  place  under 
the  licentiousness  brought  in  by 
the  restored  monarch,  as  well  as 
from  the  demoralizing  effect  of  the 
previous  civil  convulsions.  But  if 
we  may  credit  the  actual  testimony 
of  contemporary  witnesses,  and 
not  the  "  lighter  literature,"  which 
is  cited  by  him  as  equal,  if  not 
higher,  authority,  the  picture  this 
great  historical  writer  has  drawn 
of  the  country  gentleman  of  the 
seventeenth  century,  bears  but  lit 
tle  resemblance  to  the  improved 
and  cultivated  country  life  of  the 
time  of  Charles  I.,  when  it  showed, 
perhaps,  as  much  genuine  refine 
ment  as  it  has  ever  since  attained. 
Let  any  one  read  the  charming 
accounts  he  will  find  in  the  auto 
biography  of  Clarendon,  of  the 
elegant  hospitality  exercised  by 
Falkland  in  his  paternal  seats  of 


CAVALIER  ELEMENT  IN  VIRGINIA.  83 

Without  entering  into  the  national  dissensions 
in  England  farther  than  to  render  the  homage 
due  to  the  truth  of  history,  we  cannot  but  say, 
while  sympathizing  as  republicans  with  the  pop 
ular  leaders  in  that  great  civil  contest, — always 
excepting  him  whose  guilty  ambition,  notwith 
standing  many  great  qualities,  made  him  in  the 
end  the  chief  of  apostates,  as  he  was  the  pro- 
foundest  of  dissemblers, — that  there  were  among 
the  Cavaliers  also  brave  and  noble  and  free  spir 
its.  Certain  it  is  that  their  descendants  in  Amer 
ica,  who  were  almost  exclusively,  as  we  have 
seen,  the  settlers  of  Virginia  during  the  first 
half-century  of  her  existence,  were  here  the  vig 
ilant  and  faithful  guardians  of  the  rights,  liberties, 
and  interests  of  the  people  of  the  Colony.  Hand 
in  hand  with  the  constantly  recurring  manifesta 
tions  of  their  loyalty  to  the  King,  they  firmly 
and  unremittingly  asserted  those  "liberties,  fran 
chises,  and  immunities  of  natural-born  English 
men  "  which  they  brought  with  them  to  America 
under  the  plighted  faith  of  their  charters,  and 

Tew  and  Burford  ;  of  the  polished  clined  to  follow  the  authority  of 

reunions  of  science,  letters,  virtue,  Swift,  who  gave  it  as  his  opinion, 

and  taste  in  the  circle  of  friends  founded  on  what   he   had   heard 

who    habitually   resorted    to    him  from  some  who  lived  in  those  ti.nes, 

there ;  with  the  like  accounts  which  as  well  as  what  he   had  read  of 

have  come  down  to  us  of  the  social  them,  that  "  the  highest  period  of 

life  and  rural  enjoyments  of  Hamp-  politeness    in    England    was    the 

den,  and  the  occasional  glimpses  peaceable  part  of  King  Charles  the 

we  meet  with  in  some  of  the  works  First's  reign."     See  Hints  towards 

of  Lord  Bacon,  of  the  dawn  of  a  an    Essay  on    Conversation,    by 

new  era  of  taste   and   manners ;  Dean  Swift, 
and  we  shall  be  much   more  in- 


84  LIFE   AND   TIMES   OF  MADISON. 

which  they  never  ceased  to  claim  and  vindicate 
as  their  indefeasible  birthright. 

At  the  very  moment  of  adopting  a  solemn 
Declaration  filled  with  expressions  of  the  most 
zealous  loyalty  and  gratitude  to  the  King  for  his 
protection,  and  "his  many  royal  favors  and  gra 
cious  blessings/'  and  protesting  their  unwilling 
ness  (to  use  their  own  language)  "to  degenerate 
from  the  condition  of  their  birth,  being  born 
under  a  monarchical,  and  not  a  popular  and 
tumultuary  government,"  they  repeat  and  "con 
firm,"  in  terms  of  peculiar  energy,  the  great  con 
stitutional  principle,  already  boldly  proclaimed  by 
them,  of  immunity  from  taxation  except  by  their 
own  consent.1 

Again,  upon  the  pages  of  the  Colonial  Statute 
Book  we  find  an  enactment,  by  which  any  as 
persion  upon  the  memory  of  the  late  King 
(Charles  I.)  is  made  a  highly  criminal  offence, 
and  the  questioning  of  the  title  of  his  son  and 
heir  to  the  supreme  government  of  the  Colony 
declared  to  be  high  treason,  preceding,  by  an  in 
terval  of  only  two  years,  that  great  Charter  of 
the  liberties  of  the  Colony  obtained  by  these 
same  Cavaliers,  with  arms  in  their  hands,  from 
the  commissioners  of  the  Parliament; — a  charter 
by  which  were  solemnly  guaranteed  to  the  colo 
nists  "all  such  freedoms  and  privileges  as  be 
long  to  the  free-born  people  of  England";  their 
"  Grand  Assembly "  recognized  as  the  legitimate 

1  Hen.  Stat.  vol.  I.  pp.  232  and  242. 


CAVALIER  ELEMENT  IN  VIRGINIA.  85 

representative  and  guardian  of  their  rights ;  free 
dom  from  taxes,  except  such  as  they  should 
impose,  acknowledged ;  and  "  neither  forts  nor 
castles  to  be  erected,  nor  garrisons  to  be  main 
tained  without  their  consent";  the  same  freedom 
of  trade  "with  all  nations"  secured  to  Virginia 
as  the  people  of  England  enjoy ;  and  finally,  a 
full  and  total  indemnity  granted  from  "all  acts, 
words,  or  writings  done,  spoken,  or  written  against 
the  Parliament  or  Commonwealth  of  England 
from  the  beginning  of  the  world  to  this  day." l 
Thus  did  the  Virginians  of  that  day  unite  with 
the  faith  and  loyalty  of  Cavaliers,  the  free  spirit 
and  sturdy  independence  of  the  ancient  barons 
of  England. 

This  brief  review  of  the  early  history  of  Vir 
ginia  seemed  indispensable,  not  only  for  the  re- 
establishment  of  historical  truth,  but  as  furnishing 
the  necessary  key  to  the  conduct  of  her  patriots 
and  statesmen  at  the  period  of  which  we  are 
treating.  Virginia  still  fondly  cherished  her  con 
nection  with  the  mother  country ;  she  was  loyal 
to  the  King  as  the  constitutional  head  of  the 
empire ;  but  she  was  proud  and  jealous  of  the 
birthright  of  English  freedom,  which  she  claimed 
as  her  undoubted  heritage.  These  blended  feel 
ings,  expressed  in  all  the  acts  of  her  public 
authorities,  received  nowhere  a  nobler  utterance 

1  See  convention   entered  into     pp.  363-368,  and  Jefferson's  Notes 
with   the  Parliamentary  Commis-     on  Virginia,  p.  214. 
sioners  in  1651,  Hen.  Stat.  vol.  I. 
VOL.  i.  8 


86  LIFE   AND   TIMES   OF  MADISON. 

than  in  the  frank  and  unstudied  language  of  the 
Virginia  militia  officers  at  their  meeting,  already 
referred  to,  after  the  victorious  close  of  their 
campaign  against  the  Indians.  There  are,  per 
haps,  no  better  exponents  of  the  true  popular 
feelings  of  a  country  than  its  citizen-soldiers, 
called  momentarily  from  the  pursuits  of  civil  life 
by  a  crisis  of  public  danger. 

The  following  resolution  was  unanimously  adoptr 
eel  on  the  occasion  alluded  to  : — 

"  Resolved,  That  we  will  bear  the  most  faithful 
allegiance  to  His  Majesty  King  George  the  Third, 
whilst  His  Majesty  delights  to  reign  over  a  brave 
and  free  people ;  that  we  will,  at  the  expense  of 
life  and  everything  dear  and  valuable,  exert  our 
selves  in  support  of  the  honor  of  his  crown,  and 
the  dignity  of  the  British  empire.  But  as  the 
love  of  liberty  and  attachment  to  the  real  inter 
ests  and  just  rights  of  America  outweigh  every 
other  consideration,  we  resolve  that  we  will 
exert  every  power  within  us  for  the  defence  of 
American  liberty,  and  for  the  support  of  her  just 
rights  and  privileges,  not  in  any  precipitate,  riot 
ous,  or  tumultuous  manner,  but  when  regularly 
called  for  by  the  unanimous  voice  of  our  coun 
trymen." 

Here  was  the  heart  and  mind  of  Virginia  truly 
and  manfully  spoken.  It  gives  the  index  to  her 
character  at  this  great  epoch  of  her  history. 
There  was  a  reverence  for  authority;  an  hered 
itary  attachment  to  the  institutions  derived  from 


CHARACTERISTICS   OF  VIRGINIA. 


87 


the  mother  country;  a  loyalty  to  the  King,  so 
long  as  he  was  content  to  "reign  over  a  brave 
and  free  people  ; "  an  undeviating  adherence  to 
law  and  order  even  in  her  resistance  to  oppres 
sion,  which  did  not  extinguish,  but  raised  and 
ennobled,  her  proud  spirit  of  independence,  and 
her  indomitable  love  of  liberty. 

If  some  of  these  were  Cavalier  traits,  we  have 
no  need  to  be  ashamed  of  them,  as  being  un 
doubted  historical  facts ;  and  if  the  truth  of  his 
tory  requires  us  to  add  some  others,  of  the  same 
origin  perhaps,  to  the  social  portraiture  of  our 
ancestors  ; — a  genial  fondness  for  sports  and 
diversions,1  an  elastic  joyousness  of  temper,  a 


1  Nothing,  perhaps,  is  better 
fitted  to  give  an  idea  of  the  social 
temperament  and  habits  of  the 
Virginians  of  the  middle  of  the 
last  century,  and  to  establish,  if 
farther  evidence  were  wanted,  the 
genuineness  of  their  Cavalier  de 
scent,  than  the  following  festive 
programme,  taken  from  the  Vir 
ginia  Gazette  of  October,  1737  :— 

"  We  have  advice,"  says  the  ed 
itor,  "  from  Hanover  county,  that 
on  Saint  Andrew's  Day,  there  are 
to  be  Horse-Races  and  several 
other  Diversions  for  the  Enter 
tainment  of  the  Gentlemen  and 
Ladies  at  the  Old  Field  near 
Captain  John  Bickerton's  in  that 
county,  (if  permitted  by  the  Hon. 
Wm.  Byrd,  esquire,  Proprietor  of 
the  said  Land,)  the  substance  of 
which  is  as  follows,  viz  : 

"  It  is  proposed  that  20  Horses 


or  Mares  do  run  round  a  three 
miles  Course  for  a  Prize  of  Five 
Pounds.  That  every  Horse  shall 
be  entered  with  Mr.  Joseph  Fox, 
and  that  no  person  be  allowed  to 
put  up  a  Horse  unless  he  hath 
subscribed  for  the  Entertainment 
and  paid  half  a  Pistole. 

"  That  a  Hat  of  the  value  of  20s. 
be  cudgelled  for,  and  that  after  the 
first  challenge  made,  the  Drums 
are  to  beat  every  Quarter  of  an 
Hour  for  three  Challenges  round 
the  Ring,  and  none  to  play  with 
their  left  hand. 

"  That  a  Violin  be  played  for  by 
20  Fiddlers ;  no  person  to  have 
the  liberty  of  playing  unless  he 
bring  a  fiddle  with  him.  After 
the  prize  is  won,  they  are  all  to 
play  together  and  each  a  different 
tune,  and  to  be  treated  by  the 
company. 


88 


LIFE  AND  TIMES   OF  MADISON. 


sympathetic  nature,  a  free  and  uncalculating  hos 
pitality,  and  too  great  proneness  to  inaction  and 
self-indulgence,  except  when  the  public  cause 
summoned  to  exertion ; — we  shall  have  arrived 
at  the  outlines  of  a  character,  which,  although 
not  in  all  respects  free  from  the  animadversions 
of  the  moral  censor,  yet,  in  the  mixed  and  im 
perfect  condition  of  humanity,  forming  a  whole 
that  might  well  be  the  basis  of  high  deeds  and 
noble  aspirations. 


"That  12  Boys,  of  12  years  of 
age,  do  run  112  yards,  for  a  Hat 
of  the  cost  of  12  shillings. 

"  That  a  Flag  be  flying  on  said 
Day  30  feet  high. 

"That  a  handsome  Entertain 
ment  be  provided  for  the  sub 
scribers  and  their  wives ;  and  such 
of  them  as  are  not  so  happy  as  to 
have  wives,  may  treat  any  other 
lady. 

"  That  Drums,  Trumpets,  Haut 
boys,  &c.,  be  provided,  to  play  at 
said  Entertainment. 

"  That  after  Dinner,  the  Royal 
Health,  His  Honor  the  Governor's, 
&c.,  are  to  be  drunk. 

"  That  a  Quire  of  Ballads  be 
sung  for  by  a  number  of  Songsters, 
all  of  them  to  have  Liquor  suffi 
cient  to  clear  their  Wind-Pipes. 

"  That  a  pair  of  Silver  Buckles 
be  wrestled  for  by  a  number  of 
brisk  young  men. 

"  That  a  pair  of  handsome  Shoes 
be  danced  for. 

"  That  a  pair  of  handsome  Silk 


Stockings  of  one  Pistole  value  be 
given  to  the  handsomest  young 
Country  Maid  that  appears  in  the 
field.  With  many  other  Whim 
sical  and  Comical  Diversions,  too 
numerous  to  mention. 

"  And  as  this  mirth  is  designed 
to  be  purely  innocent,  and  void  of 
offence,  all  persons  resorting  there 
are  desired  to  behave  themselves 
with  decency  and  sobriety;  the 
subscribers  being  resolved  to  dis 
countenance  all  immorality  with 
the  utmost  rigor." 

From  the  number  of  competitors 
on  the  violin,  each  bringing  his  own 
violin,  the  genius  for  that  instru 
ment  must  have  been  widely  dif 
fused,  as  well  as  highly  appreciated, 
at  that  day  in  Virginia  ;  and  when 
it  is  recollected  that  Jefferson  and 
Henry  were  both  ready  perform 
ers,  it  would  seem,  contrary  to  the 
notion  of  Themistocles,  that  a  man 
might  play  on  the  fiddle,  and  be,  at 
the  same  time,  capable  of  raising  a 
small  to  be  a  great  State. 


UNIVERSITY 


CHAPTER    IV. 

Battle  of  Lexington  —  Lord  Dunmore's  Removal  of  the  Gunpowder 
from  Williamsburg  —  Assembling  of  the  Independent  Companies 
at  Fredericksburg  —  Patrick  Henry's  Expedition  to  reclaim  the 
Gunpowder  —  Address  of  Thanks  to  him  from  the  County  Com 
mittee  of  Orange  drawn  by  Mr.  Madison  —  Spirited  Proceedings 
of  the  Committee  in  the  Case  of  the  Rev.  Mr.  Wingate  —  Lord 
Dunmore  again  convokes  the  Assembly  —  His  Altercation  with  the 
House  of  Burgesses  —  The  Governor  quits  the  Palace  and  takes  up 
'his  Residence  on  board  a  Ship  of  War  —  Protest  and  Closing 
Scene  of  the  last  House  of  Burgesses  in  Virginia  —  Another  Con 
vention  meets  at  Richmond  —  Its  Proceedings  —  Meeting  of  the 
Second  Continental  Congress  —  Army  raised  for  the  Defence  of 
American  Liberty  —  Intention  of  National  Independence  disclaimed 
—  Sincerity  of  these  Professions  called  in  Question  by  European 
Writers  —  Mr.  Madison's  Testimony  on  the  Subject — Subsequent 
Measures  of  the  King  and  Parliament  bring  on  the  Issue  of  Inde 
pendence  —  Public  Mind  in  Virginia  ripened  for  the  Event  by  the 
iniquitous  Conduct  of  the  Royal  Governor  —  New  Convention 
elected  in  Virginia  —  Mr.  Madison  chosen  a  Member. 

IN  the  preceding  chapter  we  have  seen  the 
commencement  of  preparations  in  Virginia  for 
the  contingency,  which  seemed  daily  becoming 
more  and  more  probable,  of  an  appeal  to  arms 
in  vindication  of  the  rights  of  America.  These 
preparations  were  soon  justified  by  grave  and 
signal  events.  In  Massachusetts,  an  expedition 

8* 


90  LIFE  AND  TIMES   OF  MADISON. 

set  on  foot  by  Governor  Gage,  to  destroy  some 
military  stores  collected  at  Concord,  brought  on 
a  conflict  of  arms,  in  which  many  lives  were  lost 
on  both  sides,  and  which  made  the  19th  of  April, 
1775,  ever  memorable  as  the  date  of  the  first 
overt  act  of  war  in  the  controversy  between  the 
mother  country  and  the  Colonies.  Governor 
Dunmore  in  Virginia,  pursuing  the  same  pol 
icy  of  cutting  off  the  means  of  defence  from 
America,  but  with  far  less  of  military  boldness  in 
its  execution,  caused  a  party  of  marines  from 
the  Magdalen  sloop  of  war,  lying  in  James  Eiver, 
to  land  on  the  20th  of  the  month,  and  under 
cover  of  the  night,  to  take  from  the  magazine 
in  Williamsburg  fifteen  or  twenty  barrels  of  gun 
powder,  and  transfer  them  on  board  that  vessel. 
This  proceeding  of  the  governor  kindled  a 
flame  of  indignation  and  excitement  in  every 
part  of  the  Colony,  as  the  intelligence  of  it  was 
communicated  from  place  to  place.  In  Freder- 
icksburg,  on  the  24th  of  April,  as  soon  as  infor 
mation  of  what  had  occurred  was  received  there, 
a  meeting  of  the  Independent  Company  of  the 
town  was  called,  at  which  a  resolution  was  adopted 
to  hold  themselves  in  readiness  to  march,  as 
lighirhorse,  to  Williamsburg  on  the  following 
Saturday,  (the  29th,)  "for  the  purpose  of  recover 
ing  the  gunpowder  and  securing  the  arms  in 
the  magazine."1  At  the  same  time,  a  letter  was 

l  See  letter  to  Capt  William  Grayson  of  Prince  William  Cbunty, 
in  American  Archives,  (4th  series,)  vol.  n.  p.  395. 


ASSEMBLING  OF  INDEPENDENT   COMPANIES.     91 

drawn  up  by  the  officers  of  the  company,  Hugh 
Mercer,  George  Weedon,  Alexander  Spotswood, 
and  John  Willis,  (of  whom  the  three  first-named 
afterward  bore  distinguished  parts  in  the  war 
of  the  Revolution,)  and  sent  by  express  to  the 
independent  companies  of  the  neighbouring  coun 
ties,  inviting  their  cooperation.  A  letter  was 
also  addressed  by  these  gentlemen  to  Col.  George 
Washington,  informing  him  that  "the  gentlemen 
of  the  Independent  Company  of  Fredericksburg 
think  this  first  public  insult  is  not  to  be  tamely 
submitted  to,  and  determine,  with  your  approba 
tion,  to  join  any  other  bodies  of  armed  men, 
who  are  willing  to  appear  in  support  of  the 
honor  of  Virginia,  as  well  as  to  secure  the  mil 
itary  stores  yet  remaining  in  the  magazine.  It 
is  proposed  to  march  from  hence  on  Saturday 
next  for  Williamsburg,  properly  accoutred  as 
light-horsemen."  l 

This  invitation  to  the  independent  companies 
of  the  neighbouring  counties  was  nobly  responded 
to ;  and  before  the  day  fixed  for  the  departure 
to  Williamsburg,  "fourteen  companies  of  light- 
horse,  consisting  of  upwards  of  six  hundred  well 
armed  and  disciplined  men,  friends  of  constitu 
tional  liberty  and  America,"  assembled  in  Fred 
ericksburg,  prepared  to  vindicate  the  honor  of 
Virginia  and  the  cause  of  constitutional  freedom 
at  every  hazard.2  In  the  mean  time,  a  letter  was 
received  from  the  Hon.  Peyton  Randolph,  late 

1  American  Archives,  (4th  series,)  vol.  n.  p.  387.      2  ibid.  p.  443. 


92  LIFE  AND  TIMES   OF  MADISON. 

speaker  of  the  House  of  Burgesses,  and  Presi 
dent  of  the  Continental  Congress,  acquainting 
the  gentlemen  congregated  at  Fredericksburg 
that  the  governor  had  given  "  full  assurance " 
of  satisfaction  in  the  affair  of  the  gunpowder, 
and  advising  that  "they  should  proceed  no  far 
ther  at  this  time."  In  consequence  of  this  infor 
mation  and  advice,  a  council  of  the  officers  and 
other  deputies  of  the  several  independent  com 
panies  was  held  to  deliberate  on  the  course 
which  it  was  proper  for  them,  under  these  circum 
stances,  to  pursue.  It  was  determined,  in  defer 
ence  to  the  advice  given  from  so  venerable  and 
patriotic  a  source,  to  proceed  no  farther  at  this 
time ;  but  "  considering,"  they  said,  "  the  just 
rights  and  liberty  of  America  to  be  greatly  en 
dangered  by  the  violent  and  hostile  proceedings 
of  an  arbitrary  ministry,  and  being  firmly  re 
solved  to  resist  such  attempts  at  the  utmost 
hazard  of  our  lives  and  fortunes,  we  do  now 
pledge  ourselves  to  each  other  to  be  in  readi 
ness,  at  a  moment's  warning,  to  reassemble,  and 
by  force  of  arms  to  defend  the  law,  the  liberty, 
and  rights  of  this  or  any  sister  Colony,  from 
unjust  and  wicked  invasion."  This  noble  and 
spirited  declaration  was  countersigned  with  the 
significant  motto,  "God  save  the  Liberties  of 
America,"  as  opposed  to  the  traditional  and  stere 
otyped  formula  of  "God  save  the  King,"  with 
which  the  proclamations  of  the  governor  invaria 
bly  concluded. 


PATRICK  HENRY'S  EXPEDITION.  93 

A  few  days  after  these  proceedings  in  Freder- 
icksburg,  Patrick  Henry  put  himself  at  the  head 
of  the  independent  company  of  Hanover,  and 
marched  towards  Williamsburg  with  the  view  of 
demanding  compensation  for  the  gunpowder  re 
moved  by  the  orders  of  the  governor,  or,  as  it 
was  expressed  at  the  time,  a  making  reprisals  upon 
the  King's  property  sufficient  to  replace  the  gun 
powder  taken  out  of  the  magazine."  The  King's 
receiver-general,  having  charge  of  all  the  fiscal 
resources  of  the  crown  in  the  Colony,  being 
thus  a  principal  object  of  the  movement,  a  de 
tachment  was  sent  to  his  residence  in  King  Wil 
liam  County ;  but  not  finding  him  there,  they 
rejoined  the  main  body  of  the  company  at  Don- 
castle's  ordinary,  sixteen  miles  from  Williams- 
burg.  Here  the  whole  party  remained  till  the 
following  morning,  when  the  receiver-general, 
Mr.  Corbin,  sent  up  from  Williamsburg  his  bill 
of  exchange  for  £330,  the  estimated  value  of 
the  gunpowder,  for  which  Mr.  Henry  gave  his 
receipt  in  due  form,  and  he  and  his  companions 
returned  in  peaceful  triumph  to  their  county. 

This    striking   and    lucky  coup   de  main}  —  the 

1  It  seems  impossible  to  charac-  Henry  at  Doneastle's  ordinary,  did 
terize  in  any  other  terms  this  for-  not  spare,  in  their  criticisms,  either 
tunate  adventure  of  Mr.  Henry,  the  terrified  royal  governor,  or  the 
While  its  success  excited  much  en-  triumphant  popular  leader.  The 
thusiasm  among  the  people,  there  late  Governor  Page  was,  at  the 
were  those  who,  comparing  the  time,  a  member  of  Lord  Dun- 
result  with  the  inadequacy  of  the  more's  council, — the  only  one  who 
means  employed  to  produce  it,  and  stood  out  against  his  arbitrary 
adverting  also  to  the  pause  of  Mr.  measures, — and  was  a  witness  of 


94  LIFE   AND  TIMES   OF  MADISON. 

success  of  which  must  have  been  owing,  in  no 
small  degree,  to  the  really  imposing  military  dem 
onstration  that  had  taken  place  at  Fredericks- 
burg,  and  which  showed  there  was  a  large  and 
effective  force  ready  "at  a  moment's  warning  to 
reassemble  "  and  supply  Mr.  Henry's  deficiency  of 
numbers,  —  drew  upon  the  Hanover  volunteers 
and  their  distinguished  leader  the  warm  and  en 
thusiastic  plaudits  of  the  people.  Nowhere  were 
these  sentiments  more  boldly  and  energetically 
expressed  than  by  the  county  committee  of  Or 
ange,  of  which  the  father  of  Mr.  Madison  was 
chairman,  and  he  himself,  as  we  have  seen,  a 
member,  and,  without  doubt,  the  member  selected, 
on  this  occasion,  to  give  expression  to  their  sen 
timents,  as  we  find  their  resolutions  among  his 
papers,  and  in  his  own  handwriting. 

After  resolving  that  "the  resentment  shown 
by  the  Hanover  volunteers,  and  the  reprisals 
they  have  made  on  the  King's  property,  highly 

the  progress  and   termination  of  seconded  nor  opposed  me,  he  was 

the  whole  affair.     In  a  brief  auto-  greatly  embarrassed.      As   I  was 

biographical  memoir,  drawn  up  in  never   summoned    to    attend   an- 

answer  to  the  inquiries  of  a  friend,  other  board,  I  might  well  suspect 

he  says  : —  I  was   suspended  from  my  office  ., 

"  I  advised  the  governor  (Lord  but  as  I  cared  nothing  about  that, 

Dunmore)  to  give  up  the  powder  I  never  inquired  whether  I  was  or 

and  arms  he  had  removed  from  the  not.     Patrick   Henry,  afterwards 

magazine.      But  he  flew  into  an  so  famous  for  his  military  parade 

outrageous  passion,  smiting  his  fist  against    Dunmore,    did     actually 

on  the  table  and  saying, '  Mr.  Page,  bully  him,  but   they  appeared  to 

I  am  astonished  at  you.'     I  calmly  me  to  be  mutually  afraid  of  each 

replied  I  had  discharged  my  duty,  other."      See   the  Memoir  in  the 

and  had  no  other  advice  to  give.  Virginia   Historical  Register,  vol. 

As  the  other  councillors  neither  in.  p.  142. 


SPIRITED   ADDRESS   BY  MR.  MADISON.  95 

merit  the  approbation  of  the  public,  and  the 
thanks  of  this  committee,"  they  determine  that 
"an  address  be  presented  to  Captain  Patrick 
Henry  and  the  gentlemen  Independents  of  Han 
over."  This  address,  as  the  production  of  Mr. 
Madison's  pen,  and  as  evincing  the  high  spirit 
of  resistance  to  tyranny  which  warmed  and  ani 
mated  his  bosom  amid  the  thickening  dangers 
of  the  crisis,  we  give  in  full. 

"MAY  9,  1775. 

"  GENTLEMEN  :  We,  the  committee  for  the 
county  of  Orange,  having  been  fully  informed 
of  your  seasonable  and  spirited  proceedings  in 
procuring  a  compensation  for  the  powder  fraud 
ulently  taken  from  the  country  magazine  by  com 
mand  of  Lord  Dunmore,  and  which  it  evidently 
appears  his  lordship,  notwithstanding  his  assur 
ances,  had  no  intention  to  restore,  entreat  you 
to  accept  their  cordial  thanks  for  this  testimony 
of  your  zeal  for  the  honor  and  interest  of  your 
country.  We  take  this  opportunity  also  to  give 
it  as  our  opinion  that  the  blow  struck  in  the 
Massachusetts  government  is  a  hostile-  attack  on 
this  and  every  other  Colony,  and  a  sufficient 
warrant  to  use  violence  and  reprisal  in  all  cases 
in  which  it  may  be  expedient  for  our  security 
and  welfare. 

"  JAMES  MADISON,  Chairman. 
JAMES  TAYLOR,  THOMAS  BARBOUR, 

ZACHARIAH  BURNLEY,         ROWLAND  THOMAS, 
JAMES  MADISON,  JR.,  WILLIAM  MOORE, 

JAMES  WALKER,  LAWRENCE  TALIAFERRO, 

HENRY  SCOTT,  THOMAS  BELL." 


96  LIFE  AND  TIMES   OF  MADISON. 

The  committee  of  Orange  was  particularly  dis 
tinguished  at  this  period  of  public  danger,  among 
the  county  committees  of  the  Colony,  for  the 
boldness,  energy,  and  public  spirit  which  marked 
all  its  proceedings.  To  the  instance  just  given 
may  be  added  another  of  peculiar  and  remark 
able  character.  It  had  been  represented  to  the 
committee  that  a  Eev.  Mr.  Wingate  was  in  pos 
session  of  various  pamphlets  reflecting  very  in- 
jiiriously  on  the  conduct  and  motives  of  the 
Continental  Congress,  and  in  other  respects  ad 
verse  to  the  public  cause.  They  immediately 
held  a  meeting  to  demand  of  Mr.  Wingate  the 
surrender  of  these  anti- American  publications; 
but  finding  him  unwilling  to  give  them  up,  ex 
cept  on  conditions  inconsistent  with  the  objects 
they  had  in  view,  they  at  length  "peremptorily 
insisted,  with  a  determination  not  to  be  defeated 
in  their  intentions." 

When  at  last  the  pamphlets  were  yielded,  the 
committee  took  time  to  examine  them,  and  ad 
journed  to  meet  again  at  the  court-house  of  the 
county  on  Monday,  the  27th  of  March,  1775. 
The  following  resolution,  the  production,  doubt 
less,  of  their  accomplished  penman,  and  instinct 
with  the  spirit  he  had  early  imbibed  in  defence 
of  American  rights,  was  then  adopted  : — 

"Resolved,  That  as  a  collection  of  the  most 
audacious  insults  on  that  august  body  (the  grand 
Continental  Congress,)  and  their  proceedings,  and 
also  on  the  several  Colonies  from  which  they 


ARROGANCE   OF  LORD  DUNMORE.  97 

were  deputed,  particularly  New  England  and  Vir 
ginia, — of  the  most  slavish  doctrines  of  provincial 
government,  and  of  the  most  impudent  false 
hoods  and  malicious  artifices  to  excite  divisions 
among  the  friends  of  America, — these  pamphlets 
deserve  to  be  publicly  burnt,  as  a  testimony  of 
the  committee's  detestation  and  abhorrence  of  the 
writers  and  their  principles." 

The  record  then  continues:  "Which  sentence 
was  speedily  executed  in  the  presence  of  the 
Independent  Company  of  Orange,  and  other  re 
spectable  inhabitants  of  the  said  county,  all  of 
whom  joined  in  expressing  a  noble  indignation 
against  such  execrable  publications,  and  their  ar 
dent  wishes  for  an  opportunity  of  inflicting  on 
the  authors,  publishers,  and  abettors  the  punish 
ment  due  to  their  insufferable  arrogance  and 
atrocious  crimes." 

Things  were  now  rapidly  hastening  to  a  de 
cisive  issue  in  Virginia.  After  the  affair  of  the 
gunpowder,  the  governor  lost  all  hold  on  the 
confidence  and  respect  of  the  Colony.  His  lan 
guage  as  well  as  conduct,  when  he  had  some 
what  recovered  from  the  impression  made  on  his 
nerves  by  the  bold  military  front  exhibited  by 
the  independent  companies  throughout  the  Col 
ony,  became  more  arrogant  and  offensive  than 
ever.  He  issued  a  proclamation  denouncing  "the 
outrageous  and  rebellious  practices"  which  had 
taken  place,  and  threatening  with  "the  vengeance 
of  offended  majesty"  those  who  should  hereafter 

VOL.   I.  9 


98  LIFE   AND  TIMES   OF  MADISON. 

be  found  engaged  in  them.  On  the  occasion  of 
some  trivial  commotion  in  Williamsburg,  he  sent 
a  message  to  the  magistrates  of  the  city,  threat 
ening  "to  lay  the  town  in  ashes,"  and  at  the 
same  time  holding  over  the  heads  of  the  people 
the  menace  of  "proclaiming  freedom  to  the 
slaves  and  devastating  the  Colony."1  Notwith 
standing  these  offensive  proceedings  on  the  part 
of  the  governor,  he  again  called  the  Assembly 
together,— which  had  not  been  convoked  since 
the  sudden  dissolution  in  May,  1774,— to  consider 
the  "  conciliatory  proposition "  of  Lord  North. 

The  meeting  took  place  in  the  capitol  at  Wil 
liamsburg  on  the  1st  of  June,  1775;  and  the 
session  was  opened  with  a  speech  of  studied,  but 
hollow  and  deceptive,  courtesy  from  the  gov 
ernor.  The  House  of  Burgesses  was  organized 
with  a  scrupulous  observance  of  all  the  stereo 
typed  regal  formalities.  By  command  of  the  gov 
ernor,  they  attended  his  excellency  in  the  council- 
chamber  ;  received  his  permission,  or  rather  order, 
to  choose  a  speaker ;  afterwards  waited  upon  him 
to  present  their  speaker,  who  was  graciously  ap 
proved  ;  and  then  they  laid  claim  to  "  their  an 
cient  rights  and  privileges  of  freedom  of  debate, 
exemption  from  arrest,  and  protection  for  their 
estates,"  all  of  which  were  "  granted  and  allowed 
to  them  upon  their  petition"  by  the  King's  sub- 

i  See  Report  of  Committee  of    ican  Archives,  (4th  series,)  vol.  II. 
House  of  Burgesses  on  the  causes    pp.  1209-1215. 
of  the  late  Disturbances,  in  Amer- 


DUNMORE'S  FLIGHT  FROM  THE  PALACE.         99 

stitute  and  representative.  As  this  was  the  last 
rehearsal  of  mimic  royalty  on  the  theatre  of 
Virginia,  these  few  particulars  of  the  scene  may 
be  worth  a  passing  commemoration.  A  resolu 
tion  was  then  adopted,  by  which,  with  great  dig 
nity,  the  House  assured  his  lordship  that  they 
would  take  into  their  most  serious  consideration 
the  important  matters  contained  in  the  speech, 
and  "  proceed  with  that  coolness  and  deliberation 
which  ought  to  influence  the  counsels  of  a  free 
and  loyal  people." 

Hardly  was  this  exchange  of  ceremonious  re 
spects  concluded,  when  an  incident  occurred 
which  produced  a  sudden  and  entire  change  in 
the  face  of  affairs.  Two  or  three  young  men 
of  the  town,  who  had  entered  the  magazine  to 
furnish  themselves  with  arms,  were  grievously 
wounded  by  the  explosion  of  a  spring-gun,  which 
had  been  secretly  contrived,  by  the  orders  of 
Lord  Dunmore,  to  take  vengeance  of  such  a 
trespass,  if  it  should  be  attempted.  So  vindic 
tive  and  treacherous  a  proceeding,  in  the  midst 
of  smiling  overtures  of  peace  and  conciliation, 
naturally  excited  a  lively  feeling  of  indignation ; 
but  there  was  no  act,  or  even  demonstration,  of 
violence  by  any  portion  of  the  people.  The 
guilty  conscience  of  the  governor,  however,  con 
jured  up  ideal  dangers  to  himself  and  to  his 
family;  and  on  the  night  of  the  8th  instant,  he 
secretly  withdrew  from  the  palace  in  Williams- 
burg,  and  placed  himself  on  board  his  Majesty's 


100  LIFE  AND   TIMES   OF  MADISON. 

ship  of  war,  the  Fowey,  riding  at  anchor  in  York 
River.  From  this  floating  and  frowning  citadel 
he  proposed  thenceforward  to  conduct  his  inter 
course  with  the  Assembly.  This  was  submitted 
to  for  awhile,  under  repeated  protests  and  re 
monstrances  from  the  Assembly;  but  when  at 
length  the  rejection  of  the  ministerial  plan  of 
conciliation,  in  a  series  of  well  reasoned  and  elo 
quent  resolutions  from  the  pen  of  Mr.  Jefferson, 
put  an  end  to  all  show  of  respect  on  the  part 
of  the  governor,  the  breach  between  him  and 
the  representatives  of  the  people  daily  became 
wider  and  more  embittered. 

To  an  address  from  the  House  of  Burgesses, — 
justifying  one  of  their  measures  from  certain 
captious  objections  taken  to  it  by  the  governor, 
and  entreating  him  to  meet  them  on  the  follow 
ing  day  at  the  capitol  hr  Williamsburg,  for  the 
purpose  of  giving  his  assent  to  such  of  the  bills 
and  resolves  passed  by  them  as  he  should  ap 
prove, —  he  curtly  replied  by  reiterating  his  objec 
tions  to  the  obnoxious  measure,  refusing  to  meet 
them  at  the  capitol,  and  informing  them  that  he 
would  receive  them  the  following  day,  "  at  twelve 
of  the  clock  at  his  present  residence,"  on  board 
his  Majesty's  ship  of  war,  the  Fowey.  The  House 
immediately  resolved  itself  into  a  committee  of 
the  whole  House  to  take  into  consideration  the 
state  of  the  Colony  and  the  governor's  answer ; 
and,  by  an  unanimous  vote,  declared  "  his  lord 
ship's  message,  requiring  them  to  attend  him  on 


ANOTHER  CONVENTION  MEETS.      101 

board  one  of  his  Majesty's  ships  of  war,  to  be  a 
high  breach  of  the  rights  and  privileges  of  the 
House."  Protesting  their  unshaken  loyalty  to 
the  King,  and  the  determination  "  to  the  utmost 
of  their  power  and  at  the  risk  of  their  lives  and 
property  to  maintain  and  defend  his  government 
in  this  Colony,  as  founded  on  the  established 
laws  and  principles  of  the  constitution,"  they 
affirm  that  the  proceedings  of  the  governor 
"  give  them  great  reason  to  fear  that  a  danger 
ous  attack  may  be  meditated  against  the  un 
happy  people  of  this  Colony,"  whom  they  there 
fore  advise  "  to  prepare  for  the  preservation  of 
their  property  and  their  inestimable  rights  and 
liberties  with  the  greatest  care  and  attention." 

In  stern  and  ominous  silence  they  then  ad 
journed  to  the  12th  day  of  October  next.  But 
when  that  day  arrived,  the  Colony  was  placed 
in  flagrant  war  with  *  its  oppressors ;  and  the 
proceedings  of  the  24th  of  June,  1775,  proved 
to  be  the  last  scene  of  the  last  act  of  the  "House 
of  Burgesses"  in  Virginia, — an  honorable  and 
dignified  close  of  its  existence,  in  keeping  with 
many  glorious  antecedents. 

A  convention  of  delegates,  chosen  by  the  peo 
ple  under  the  recommendation  of  the  preceding 
convention,  soon  took  the  place  of  the  regular 
and  yet  legal  representative  body.  They  assem 
bled  in  Kichmond  on  the  17th  day  of  July,  1775, 
and  immediately  adopted  measures  for  the  de 
fence  and  protection  of  the  Colony.  Two  regi- 


102  LIFE  AND  TIMES   OF  MADISON. 

ments  of  regular  troops  were  ordered  to  be 
raised  for  immediate  service,  and  sixteen  battal 
ions  of  minute-men  to  be  organized,  and  trained 
and  exercised  periodically  within  their  respective 
districts,  to  be  ready,  at  a  minute's  warning,  to 
unite  with  the  regular  force  in  case  of  need.  In 
addition  to  these  provisions  for  the  general  de 
fence  of  the  Colony,  half-a-dozen  detached  com 
panies  were  to  be  raised  and  stationed  at  Pitts- 
burg,  Wheeling,  and  other  designated  points  for 
the  protection  of  the  western  frontiers.  Mr. 
Henry,  then  one  of  the  delegates  to  the  Conti 
nental  Congress,  but  who  returned  to  Virginia 
about  this  time,  was  appointed  colonel  of  the 
first  regiment,  and,  as  such,  commander-in-chief 
of  all  the  colonial  forces.  This  honor,  however, 
was  not  conferred  on  him  without  a  close  con 
test  with  a  gentleman  of  high  civil  and  military 
merit,  Hugh  Mercer,  who  upon  the  first  ballot 
obtained  one  vote  more  than  Mr.  Henry.1 

1  This  military  appointment  con-  opinion  of  many,  one  of  those  hasty 
ferred  on  Mr.  Henry  appears  to  measures  into  which  the  efferves- 
have  been  the  occasion  of  a  good  cence  of  gratitude  not  unfrequently 
deal  of  dissatisfaction  and  criticism  betrays  even  public  bodies.  From 
at  the  time.  Girardin,  who,  in  the  national  councils,  where  his 
writing  his  continuation  of  Burk,  usefulness  was  preeminently  con- 
had  the  advantage  of  daily  and  spicuous,  that  gentleman  was  called 
unreserved  personal  communica-  to  an  important  military  station, 
tions  with  Mr.  Jefferson,  as  well  with  the  duties  of  which  he  must, 
as  free  access  to  all  his  papers,  in  the  nature  of  things,  have  been 
(see  Jefferson's  Writings,  vol.  I.  mostly  unacquainted  ;  whilst,  by 
p.  41,  and  vol.  iv.  p.  251,)  says: —  an  unhappy  reaction,  the  country 

"  The  elevation  of  Patrick  Hen-  lost  the  services  of  some  able  offi- 

ry  to  the  chief  command  of  the  cers,  whom  the  pride  of  former 

regular  colonial  forces  was,  in  the  rank  would  not  suffer  to  oat  under 


PROCEEDINGS   OF   CONVENTION.  103 

In  concurrence  with  these  measures,  a  com 
mittee  of  safety  was  appointed,  consisting  of 
eleven  of  the  most  experienced  and  honored 
members  of  the  convention,1  to  whom  large  dis 
cretionary  powers  were  given  in  the  direction 
of  the  military  force,  and,  in  general,  for  all 
those  executive  functions  of  government  which 
were  now  considered  in  abeyance,  at  least,  by  the 
hostile  attitude  of  the  royal  governor.  The  con 
vention  closed  a  session  of  earnest  and  efficient 
practical  labors  for  the  care  of  the  public  liberty 
and  safety,  by  the  promulgation  of  a  document, 
simple  and  unadorned  as  it  was  truthful,  "  setting 
forth  the  cause  of  their  meeting,  and  the  neces 
sity  of  immediately  putting  the  country  into  a 
posture  of  defence  for  the  better  protection  of 
their  lives,  liberties,  and  properties."  After  glanc 
ing,  in  general  terms,  at  the  long  course  of 
ministerial  despotism  which  had  been  exercised 
over  the  Colonies,  and  a  review,  more  in  detail, 

him, — a  loss  peculiarly  to  be  la-  Ludwell    Lee,   Paul    Carrington, 

merited  in  the  infancy  of  an  ardu-  Dudley  Digges,   William    Cabell, 

ous  struggle,  and  at  a  time  when  Carter  Braxton,  James    Mercer, 

Virginia  counted  only  a  few  mili-  and  John  Tabb.     In  the  election 

tary   characters  possessed  of  the  of  the  committee  of  safety,  at  the 

qualifications    necessary    for    dis-  succeeding  convention  in  Decem- 

charging  their  duty  with  honor  to  ber,  1775,  in  the  place  of  George 

themselves  and  security  to  the  com-  Mason,  who  retired  on  account  of 

inon  cause."      Burk's  History  of  infirm  health,  and  of  Carter  Brax- 

Virginia,  vol.  iv.  p.  103.  ton,  just  elected  delegate   to  the 

1  The  members   who   received  Continental  Congress,  were  chosen 

this  high  proof  of  the  confidence  Joseph  Jones  and  Thomas  Walk- 

of  the  convention  were   Edmund  er ;  and  the  other  members  were 

Pendleton,  George  Mason,  John  all  reappointed. 
Page,    Richard    Bland,    Thomas 


104  LIFE   AND   TIMES   OF  MADISON. 

of  the  odious  malversation  of  the  governor,  and 
stating    the   necessity  which   was   thus    imposed 
upon  them  of  adopting   measures   of  self-protec 
tion  and  defence,  they  conclude  with  the  follow 
ing  earnest  protestation : — 

"  But  lest  our  views  and  designs  should  be 
misrepresented  or  misunderstood,  we  again,  and 
for  all,  publicly  and  solemnly  declare  before  God 
and  the  world  that  we  do  bear  faith  and  true 
allegiance  to  His  Majesty,  King  George  the 
Third,  our  only  lawful  and  rightful  sovereign ; 
that  we  will,  so  long  as  it  may  be  in  our 
power,  defend  him  and  his  government,  as 
founded  on  the  laws  and  well  known  principles 
of  the  constitution ;  that  we  will,  to  the  utmost 
of  our  power,  preserve  peace  and  good  order 
throughout  the  country,  and  endeavour,  by  ev 
ery  honorable  means,  to  promote  a  restoration 
of  that  friendship  and  amity,  which  so  long  and 
happily  subsisted  between  our  fellow-subjects  in 
Great  Britain  and  the  inhabitants  of  America ; 
that  as,  on  the  one  hand,  we  are  determined  to 
defend  our  lives  and  properties,  and  maintain 
our  just  rights  and  privileges  at  every,  even  the 
extremest,  hazard,  so,  on  the  other,  it  is  our 
fixed  and  unalterable  resolution  to  disband  such 
forces  as  may  be  raised  in  this  Colony,  when 
ever  our  dangers  are  removed,  and  America  is 
restored  to  that  former  state  of  tranquillity  and 
happiness,  the  interruption  of  which  is  so  much  de 
plored  by  us  and  every  friend  to  either  country." 


PROCEEDINGS   OF   SECOND  CONGRESS.        105 

While   these   events  were   passing  in  Virginia, 
the   second    Continental    Congress  had  assembled 
in  Philadelphia.     Coming  together  after  the  fatal 
effusion  of  blood  at  Concord  and  Lexington,  they 
entered   at   once    upon   the    consideration  of  the 
measures  which  the  commencement  of  hostilities 
by   the    commander-in-chief  of  the   royal,  or,   as 
they  were  yet  called,  ministerial  troops,  rendered 
indispensably  necessary.     On    the    26th   of  May, 
1775,    they    unanimously    adopted    a    resolution, 
that  "for   the   express   purpose  of  securing   and 
defending   the    Colonies,  and   preserving  them  in 
safety  against   all   attempts   to   carry  the  oppres 
sive  and  unconstitutional  acts  of  Parliament  into 
execution   by  force   of  arms,   these    Colonies    be 
immediately  put  into  a  state  of  defence."    At  the 
same   time,  declaring   that  "they  most   ardently 
wish  for  a  restoration  of  the  harmony  formerly 
subsisting  between  our  mother  country  and  these 
Colonies,  the   interruption  of  which  must,  at  all 
events,  be    exceedingly  injurious    to    both   coun 
tries,"  they  resolved,  that,  "with  a  view   to   the 
promotion  of  so  desirable  a  reconciliation  by  all 
the   means   not   incompatible  with  a  just  regard 
for   the   undoubted   rights   and  true  interests  of 
the   Colonies,  a  humble   and  dutiful   petition   be 
presented  to  His  Majesty,"   and  that  a  "negotia 
tion    for    accommodating    the    unhappy    disputes 
which    had    arisen  be  made  a  part  of  the   said 
petition." 

It  is  known  that  the  suggestion  of  a  second 


106  LIFE   AND  TIMES   OF  MADISON. 

petition  to  the  King  was  exceedingly  distasteful 
to  many  of  the  patriots  of  the  day,  but  from 
a  spirit  of  deference  and  conciliation  towards 
those  who  desired  it,  it  was  not  opposed ;  and  a 
most  respectable  contemporary  authority l  has  ex 
pressed  the  opinion  that  its  effect  in  the  end,  when 
it  came  to  be  known  that  it  had  been  treated  with 
silent  disregard  by  the  Throne  and  ungraciously 
rejected  by  Parliament,  was  to  rally  all  shades 
of  patriotic  sentiment  in  America  to  a  firmer  and 
more  united  support  of  the  national  cause. 

On  the  15th  of  June,  Congress  resolved  that 
"a  general  be  appointed  to  command  all  the 
continental  forces  raised  and  to  be  raised  for 
the  defence  of  American  liberty,"  and  proceeded 
at  once  to  the  eventful  choice.  Who  that  Gen 
eral  was  the  world  knows,  and  to  the  latest 
ages  will  remember.  They,  then,  by  successive 
resolutions  determined  upon  the  number  and  de 
scription  of  the  troops  to  be  raised,  appointed 
four  major-generals,  eight  brigadiers,  and  an  ad 
jutant  general,  to  act  under  the  orders  of  the 
commander-in-chief,  and  voted,  for  the  support 
of  the  army,  three  millions  of  dollars  in  bills  of 
credit,  for  the  redemption  of  which  the  faith  of 
the  confederated  Colonies  was  solemnly  pledged. 

Among  the  most  important  of  the  papers 
which  this  august  body,  after  the  example  of  its 
predecessor,  thought  fit  to  put  forth,  was  "a 
declaration  by  the  representatives  of  the  United 

1  See  Ramsay's  History  of  the  American  Revolution,  vol.  i.  p.  273. 


DECLARATION  ISSUED  BY   CONGRESS.         107 

Colonies  of  North  America,  now  met  in  Congress 
at  Philadelphia,  setting  forth  the  causes  and  ne 
cessity  of  their  taking  up  arms."  This  noble 
paper  was  the  joint  production  of  Mr.  Dickinson 
and  Mr.  Jefferson;  but  being  debated  paragraph 
by  paragraph,  and  carefully  considered  by  Con 
gress  before  its  adoption,  it  must  be  regarded 
as  speaking  the  genuine  and  most  deliberate 
sense  of  that  body. 

After  declaring  that  "  the  arms  we  have  been 
compelled  by  our  enemies  to  assume  we  will, 
in  defiance  of  every  hazard,  with  unabating 
firmness  and  perseverance,  employ  for  the  pres 
ervation  of  our  liberties,  being  with  one  mind 
resolved  to  die  freemen  rather  than  live  slaves," 
they  proceed  to  say,  "we  mean  not  to  dis 
solve  that  union  which  has  so  long  and  so 
happily  subsisted  between  us,  and  which  we  sin 
cerely  wish  to  see  restored  ;  ....  we  have  not 
raised  armies  with  ambitious  designs  of  sep 
arating  from  Great  Britain  and  establishing  inde 
pendent  States In  our  own  native  land,  in 

defence  of  the  freedom  that  is  our  birthright, 
and  which  we  ever  enjoyed  till  the  late  viola 
tion  of  it,  for  the  protection  of  our  property, 
acquired  solely  by  the  honest  industry  of  our 
forefathers  and  ourselves,  against  violence  ac 
tually  offered,  we  have  taken  up  arms We 

shall  lay  them  down,  when  hostilities  shall  cease 
on  the  part  of  our  aggressors  and  all  danger  of 
their  being  renewed  shall  be  removed,  and  not 


108  LIFE   AND  TIMES    OF  MADISON. 

before."  They  conclude  with  an  appeal  to  the 
Supreme  Ruler  of  the  Universe  "  to  protect  us 
happily  through  this  great  conflict,  to  dispose 
our  adversaries  to  reconciliation  on  reasonable 
terms,  and  thereby  to  relieve  the  empire  from 
the  calamities  of  civil  war." 

These  expressions  of  a  sincere  desire  of  recon 
ciliation  with  the  mother  country,  while  arming 
in  defence  of  their  rights,  —  which  marked  the 
proceedings  of  all  the  other  Colonies,  as  well  as 
of  Virginia  and  of  their  common  representative, 
the  Continental  Congress, — were  treated  in  Eng 
land  as  hypocritical  and  treacherous.  The  King 
himself,  in  the  speech  at  the  opening  of  Parlia 
ment  on  the  26th  of  October,  1775,  went  so  far 
as  to  say  that  "  the  Americans  meant  only  to 
amuse  by  vague  expressions  of  attachment  to 
the  parent  state,  and  the  strongest  protestations 
of  loyalty  to  me,  whilst  they  were  preparing  for 
a  general  revolt ; "  and  that  "  the  rebellious  war 
now  levied  is  manifestly  carried  on  for  the  pur 
pose  of  establishing  an  independent  empire." 
Not  a  few  of  the  ablest  political  writers  in  Eng 
land  1  charged  the  Colonies  with  harbouring  the 
design  of  independence,  even  before  the  present 
dispute ;  and  it  has  been  quite  common  for 
European  historians  of  the  American  Revolution, 
who  are  not  unfriendly  to  the  cause  of  the 
Colonies,  viewing  the  subject  through  the  me 
dium  of  diplomatic  usages  and  traditions  familiar 

1  Such  as  Chalmers,  Dr.  Johnson,  and  Soame  Jenyns. 


INDEPENDENCE  DISCLAIMED.  109 

to  the  old  world,  to  consider  the  earnest  pro 
fessions  of  a  desire  for  a  reconciliation  with  the 
mother  country  on  terms  consistent  with  their 
constitutional  rights,  which  were  so  emphatically 
made  at  this  time,  both  by  the  general  Congress 
and  the  several  colonial  assemblies,  as  nothing 
more  than  the  trite,  conventional  language  of 
diplomacy.1 

Such  a  representation  does  injustice  alike  to 
the  original  spirit  and  object  of  this  great  move 
ment,  to  the  sincerity  of  both  leaders  and  people, 
and  to  contemporary  evidence  of  the  highest 
character.  General  Washington,  writing  to  his 
friend  M'Kenzie,  from  the  midst  of  the  counsels 
and  deliberations  of  the  first  Congress  which  met 
at  Philadelphia  in  September,  1774,  and  of  which 
he  was  silently  the  ruling  spirit,  says :  "  I  am 
well  satisfied  that  no  such  thing  as  independence 
is  desired  by  any  thinking  man  in  North  Amer 
ica  ;  on  the  contrary,  it  is  the  ardent  wish  of 
the  warmest  advocates  for  Liberty  that  peace 
and  tranquillity,  on  constitutional  grounds,  may 
be  restored,  and  the  horrors  of  civil  war  pre 
vented." 

Mr.  Jefferson,  who  was  a  member  both  of  the 
Virginia  convention  of  1775,  and  of  the  second 
Continental  Congress,  the  proceedings  of  each  of 
which  bodies  we  have  given  above,  in  writing 
to  his  friend  John  Eandolph,  immediately  after 
their  adjournment,  uses  a  language  which  de- 

1  Both  Botta  and  Grahame  adopt  this  interpretation. 

VOL.  I.  10 


110  LIFE  AND  TIMES   OF  MADISON. 

serves  so  much  the  more  consideration  with 
reference  to  this  question,  as  being  that  of  a 
leader  who,  by  the  course  of  events,  finally  be 
came  one  of  the  earliest  and  most  zealous  cham 
pions  of  independence.  "I  hope,"  he  says,  "the 
returning  wisdom  of  Great  Britain  will  ere  long 
put  an  end  to  this  unnatural  contest.  There 
may  be  people  to  whose  tempers  and  disposi 
tions  contention  is  pleasing,  and  who,  therefore, 
wish  a  continuance  of  confusion ;  but  to  me  it 
is,  of  all  other  states  but  one,  the  most  horrid. 
My  first  wish  is  a  restoration  of  our  just  rights ; 
my  second,  a  return  of  the  happy  period  when, 
consistently  with  duty,  I  may  withdraw  myself 
totally  from  the  public  stage,  and  pass  the  rest 
of  my  days  in  domestic  ease  and  tranquillity, 
banishing  every  desire  of  ever  hearing  what 
passes  in  the  world.  Perhaps,  (for  the  latter 
adds  considerably  to  the  warmth  of  the  former 
wish,)  looking  with  fondness  towards  a  reconcil 
iation  with  Great  Britain,  I  cannot  help  hoping 
you  may  be  able  to  contribute  towards  expedit 
ing  this  good  work." 

This  was  the  language,  in  a  confidential  cor 
respondence  excluding  every  possible  motive  for 
dissimulation,  of  a  jealous  and  ardent  friend  of 
liberty,  the  author  of  the  "Summary  View  of 
the  Rights  of  British  America,"  soon  to  become 
the  immortal  penman  of  the  Declaration  of  Inde 
pendence  itself,  who  had  just  left  the  delibera 
tions  of  the  two  assemblies  which,  in  arming  for 


TESTIMONY  OF  MR.  MADISON.  HI 

the  defence  of  their  rights,  still  invoked  the  re 
turn  of  peace  and  union  upon  those  constitu 
tional  grounds  which  could  alone  insure  a  lasting 
or  useful  harmony. 

It  would  be  easy  to  multiply  proofs  of  the 
same  character,  even  to  redundancy.  Instead  of 
that,  we  prefer  to  give  the  deliberate  and  well 
considered  opinion  of  one  who  was  a  most  intel 
ligent  and  deeply  interested  observer  of  the 
events  of  the  times,  though  then  too  young  to 
take  an  active  lead  in  them,  and  who,  appealed 
to,  in  the  retirement  which  closed  his  long  ca 
reer,  for  his  judgment  on  this  disputed  point  of 
our  history,  gave  the  following  answer,  reflect 
ing,  with  the  lights  of  truth,  the  characteristic 
modesty  and  dignity  of  the  writer. 

"My  first  entrance  on  public  life,"  says  Mr. 
Madison,  in  replying  to  his  distinguished  querist,1 
"was  in  May,  1776,  when  I  became  a  member 
of  the  convention  in  Virginia  which  instructed 
her  delegates  in  Congress  to  propose  the  Decla 
ration  of  Independence.  Previous  to  that  date,  I 
was  not  in  sufficient  communication  with  any 
under  the  denomination  of  leaders  to  learn  their 
sentiments  or  views  on  that  cardinal  subject. 

"I  can  only  say,  therefore,  that  so  far  as  ever 
came  to  my  knowledge,  no  one  of  them  ever 
avowed,  or  was  understood  to  entertain,  a  pur 
suit  of  independence,  at  the  assembling  of  the 
first  Congress  or  for  a  considerable  period  there- 

1  Letter  to  Mr.  Jared  Sparks,  5th  of  January,  1828. 


112  LIFE  AND   TIMES   OF  MADISON. 

after.  It  has  always  been  my  impression  that  a 
reestablishment  of  the  colonial  relations  to  the 
parent  country,  as  they  were  previous  to  the 
controversy,  was  the  real  object  of  every  class 
of  the  people,  till  despair  of  obtaining  it,  and 
the  exasperating  effects  of  the  war  and  the  man 
ner  of  conducting  it,  prepared  the  minds  of  all 
for  the  event  declared  on  the  4th  of  July,  1776, 
as  preferable,  with  all  its  difficulties  and  perils, 
to  the  alternative  of  submission  to  a  claim  of 
power  at  once  external,  unlimited,  irresponsible, 
and  under  every  temptation  to  abuse  from  inter 
est,  ambition,  and  revenge.  If  there  were  indi 
viduals  who  aimed  at  independence,  their  views 
must  have  been  confined  to  their  own  bosoms, 
or  to  a  very  confidential  circle." 

The  difficulty  which  English  and  other  foreign 
writers  have  had  in  giving  faith  to  the  language 
of  the  American  Colonies  and  their  representa 
tive  assemblies  at  this  time,  seems  to  have  arisen 
from  some  notion  of  an  inherent  incompatibility 
of  the  attitude  of  armed  resistance  with  the  pres 
ervation  of  existing  political  ties.  But  is  such 
a  state  of  things  any  novelty  in  the  annals  of 
English  freedom?  Did  not  the  barons  at  Eun- 
nymede,  with  arms  in  their  hands,  and  their 
military  retainers  encamped  around  them,  ob 
tain  the  great  charter  of  English  liberty  with 
out  a  dissolution  of  the  government,  or  a  tempo 
rary  renunciation,  even,  of  their  allegiance  to 
the  sovereign  from  whom  it  was  demanded  and 


AMERICAN  SINCERITY  VINDICATED.  113 

received?  Was  it  not  an  express  stipulation  in 
that  same  charter  that,  if  any  of  its  articles 
should  be  thereafter  violated  by  the  King,  the 
barons  should  have  the  right  to  levy  war  against 
him.  until  full  satisfaction  be  made  ? 

So  frequent  and  familiar  indeed  are  such  ex 
amples  in  the  early  struggles  of  our  British  an 
cestors,  that  their  great  constitutional  lawyer, 
John  Selden,  when  asked  by  what  law  he  justi 
fied  the  right  of  resistance,  replied,  "  By  the 
ctistom  of  England,  which  is  part  of  the  common 
law."  What  was  the  Revolution  of  1688,  from 
which  Englishmen  proudly  date  the  final  and 
triumphant  establishment  of  the  national  free 
dom,  but  an  armed  movement  of  the  nation  in 
vindication  of  their  constitutional  rights,  without 
any  subversion  of  existing  institutions,  and  fol 
lowed  by  a  solemn  compact  with  the  sovereign 
pledging  him  to  the  maintenance  and  security 
of  those  institutions,  as  recognized  and  estab 
lished  ? 

There  was  no  want,  then,  either  of  logical  con 
sistency,  or  of  honest  sincerity,  in  the  ends  and 
aims  professed  by  the  American  Colonies  in  the 
first  stage  of  the  contest  on  which  they  had  en 
tered.  The  full  enjoyment  of  constitutional  free 
dom  and  the  redress  of  wrongs  were  the  objects 
for  which  they  took  up  arms.  But  when,  in  the 
progress  of  the  struggle,  it  became  apparent  that 
these  objects  were  not  to  be  obtained,  and  that 
unconditional  submission  to  the  authority  claimed 
10* 


114  LIFE  AND  TIMES   OF  MADISON. 

by  the  mother  country  was  the  sole  and  degrad 
ing  condition  of  peace,  a  higher  and  more  un 
compromising  object  emerged  to  view ;  and  by 
degrees,  all  minds  were  prepared  for  the  bold 
and  grand  alternative  of  independence. 

The  measures  adopted  by  the  British  Parlia 
ment,  at  its  first  session  after  the  proceedings  of 
the  Continental  Congress  already  noticed,  con 
tributed  decisively  to  the  change  of  public  feeling 
in  America.  The  petition  to  the  King,  to  which 
no  answer  had  been  given  by  ministers,  was  laid 
before  Parliament,  where  it  was  rejected  by  an 
overwhelming  majority ;  and  in  the  debate  to 
which  it  gave  rise  in  the  House  of  Lords,  Lord 
Dartmouth,  late  Secretary  of  State  for  the  Colo 
nies,  in  excusing  himself  for  returning  no  answrer 
to  the  petition,  said  that  "although  the  terms 
of  it  were  unexceptionable,  there  was  every  rea 
son  to  believe  that  the  softness  of  its  language 
was  intended  to  conceal  the  most  traitorous  de 
signs." 

The  Prime  Minister  soon  introduced  and  car 
ried  a  bill,  under  the  title  of  a  "  Bill  to  prohibit 
all  Trade  and  Intercourse  with  the  Colonies  dur 
ing  the  present  Rebellion,"  which  authorized  the 
indiscriminate  capture,  either  in  port  or  on  the 
high  seas,  of  all  American  vessels ;  forfeited  both 
vessel  and  cargo  to  the  captors ;  and  directed  that 
the  crews  and  all  persons  found  on  board  the 
captured  vessels  should  be  at  once  entered  upon 
his  Majesty's  ships  of  war,  and  be  there  com- 


TONE   OF   OPPOSITION  IN  ENGLAND.          115 

pellecl  to  serve,  as  if  they  had  been  regularly 
enlisted  seamen,  against  their  brethren  in  Amer 
ica.  A  virtual  declaration  of  war,  with  aggrava 
tions  unknown  to  the  law  of  nations  in  case  of 
foreign  war, —  this  measure  was  accompanied  with 
the  actual  preparation  of  large  armaments,  both 
naval  and  military,  and  the  engagement  of  for 
eign  mercenary  troops,  for  the  avowed  reason  of 
excluding  the  operation  of  those  sympathies  and 
scruples  which  might  arise  between  fellow-sub 
jects  in  such  a  contest. 

It  is  impossible  for  an  American,  or  even  an 
Englishman,  who  reads  at  this  day  the  proceed 
ings  of  that  memorable  session  of  Parliament 
which  so  madly  forced  on  the  issue  of  inde 
pendence,  not  to  render  the  homage  of  his  ad 
miration  to  the  Roman  firmness  of  that  small 
band  in  either  House,  which  stood  up  against  the 
headlong  torrent  of  ministerial  and  national  de 
lusion,  and  sustained  the  cause  of  constitutional 
liberty  and  the  Colonies,  under  the  almost  cer 
tain  penalty  of  being  denounced  as  sympathizers 
with  treason  and  rebellion,  if  not  traitors  and 
rebels  themselves.1  Such  was  the  glorious  and 

1  When  the  bill  for  "  prohibit-  which,  both  in  its  principle  and  its 

ing  trade  and  intercourse  with  the  provisions,  was   fraught   with    all 

Colonies  during  their  present  re-  manner  of  injustice  and  cruelty ; 

bellion "  came    up  to  the    House  and  added,  "  I  do  not  think  the 

of  Lords,  it  was  met  there,  as  it  people  of  America  in  rebellion,  but 

had  been  in  the  other  House,  in  a  resisting   acts   of  the  most  unex- 

spirit  of  bold  and  undaunted  op-  ampled   cruelty  and   oppression." 

position.     The  Duke  of  Richmond  Here  he  was  loudly  called  to  or- 

pronounced   it  to   be   a   measure  der;    and   one  of  the  ministerial 


116  LIFE   AND   TIMES   OF  MADISON. 

never  to  be  forgotten  part  acted  by  the  Duke 
of  Kichmond,  the  Marquis  of  Kockingham,  the 
Bishop  of  Peterborough,  the  Dukes  of  Manches 
ter,  Cumberland,  and  Grafton  in  the  House  of 
Lords,  and  by  General  Conway,  Lord  John  Cav 
endish,  Colonel  Barre,  Mr.  Hartley,  Mr.  Fox,  and 
Mr.  Burke  in  the  House  of  Commons. 

While  these  vindictive  measures  of  the  British 
ministry  and  Parliament  were  producing  their 
natural  effect  on  the  sensibilities  and  reflections 
of  the  people  of  all  the  Colonies,  there  were 
peculiar  causes  in  operation  in  Virginia  which 
were  rapidly  preparing  a  thorough  revulsion  in 
the  sentiments  of  loyal  attachment  to  the  mother 
country,  for  which  she  had  been  once  so  distin 
guished.  The  royal  governor,  Dunmore,  giving 
way  to  the  resentments  which  his  recent  contro- 

lords,  Denbigh,  undertook  to  rep-  warm  terms  the  heroism  and  mag- 

rimand  him  by  declaring  that  those  nanimity    of   Montgomery,    Lord 

"  who  defend  rebellion  are  them-  North  censured  them  for  bestow- 

selves  little  better  than  rebels,  and  ing  such  unqualified  praises  on  one 

that  there  is  but  little  difference  who  was  a  rebel ;  when  Mr.  Fox 

between  the  traitor,  and  him  who  rose,  and  with  a  noble  manliness 

openly  or  privately  abets  treason."  and  elevation  of  spirit,  said,  "  The 

The  Duke  disdainfully  replied  by  term  rebel   applied  by  the  noble 

telling  his  lordship  that  «  he  was  lord  to  that  excellent  person  was 

not  to  be  deterred  by  loud  words  no  certain  mark  of  disgrace,  and 

from  the  performance  of  his  duty,  therefore  he  was  the  less  earnest 

and  that  he  neither  modified  nor  to  clear  him  of  the  imputation ;  for 

retracted  anything  he  had  said."  that  all  the  great  asserters  of  lib- 

On  another  occasion  during  this  erty,  the  saviours  of  their  country, 

same  eventful   session  of  Parlia-  the  benefactors  of  mankind  in  ail 

ment,   several   of   the    opposition  ages,  had  been  called  rebels ;  that 

members  of  the  House  of  Com-  they  even   owed  the  constitution 

mons,  Col.  BamS  and  Mr.  Burke  which  enabled  them  to  sit  in  that 

particularly,  having  eulogized  in  house  to  a  rebellion." 


LORD  DUNMORE'S  PROCEEDINGS.  11? 

versy  with  the  legislative  authority  of  the  Colony 
had  kindled  in  his  bosom,  now  organized,  with 
the  vessels  of  war  that  were  under  his  control, 
a  most  disgraceful  system  of  piratical  warfare 
against  those  whom  it  was  his  duty  to  conciliate 
and  protect.  Collecting,  on  board  his  buccaneer 
ing  fleet,  a  few  deluded  followers,  and  as  many 
African  slaves  as  he  could  seduce  from  their 
masters  by  promises  of  freedom,  he  ravaged  the 
shores  of  the  rivers  which  were  open  to  him, 
plundered  the  property  and  burnt  the  dwellings 
of  the  inhabitants,  and  at  length  attempted  the 
destruction  of  their  towns.  Repulsed  at  Hamp 
ton  by  a  greatly  inferior  but  gallant  force  assem 
bled  in  haste  for  its  defence,  he  ventured  to  land 
his  motley  array,  reinforced  with  some  compa 
nies  of  regulars,  to  meet  the  provincial  troops 
at  King's  Bridge,  where  he  was  again  defeated ; 
and  then  took  an  ignominious  revenge  by  lay 
ing  the  chief  seaport  of  the  Colony,  Norfolk,  in 
ashes. 

In  the  prosecution  of  these  barbarous  and  dis 
graceful  hostilities,  he  had,  issued,  on  the  7th  of 
November,  1775,  a  proclamation  calling  upon  all 
persons  capable  of  bearing  arms  "  to  repair  to 
his  standard,  or  be  looked  upon  as  traitors  to 
His  Majesty's  crown  and  government,"  and  de 
claring  free  all  negroes,  who  shall  join  him  "for 
the  more  speedily  reducing  this  Colony  to  a 
proper  sense  of  their  duty  to  His  Majesty's 
crown  and  dignity."  An  outrage  of  so  deep  a 


118  LIFE   AND   TIMES   OF  MADISON. 

ctye  as  this,  could  admit  of  no  aggravation  from 
the  superaddition  of  any  other  official  iniquity : 
but  it  so  happened  that  discoveries,  just  then 
made,  proved  that  this  infamous  viceroy,  while 
inviting  the  fellowship  and  cooperation  of  slaves 
as  allies  in  a  war  of  extermination  against  their 
masters,  was  at  the  same  time,  through  his  con 
genial  instrument,  Connolly,  preparing  to  bring 
down  the  merciless  savages  of  the  forest,  not 
only  upon  the  western  frontiers,  but  into  the 
very  heart,  of  the  Colony.1  Such  were  the  mul 
tiplied  enormities  of  this  chosen  representative 
of  royalty  in  America,  that  Washington,  in  a 
letter  of  the  26th  of  December,  1775,  to  Richard 
Henry  Lee,2  speaking  of  the  "diabolical  schemes" 
of  Dunmore,  says  that  "  nothing  less  than  de 
priving  him  of  life  or  liberty  will  secure  peace 

1  A  letter  of  the  Earl  of  Dart-  should  be  able  to  collect  from 
mouth  to  Lord  Dunmore,  dated  among  the  Indians,  negroes,  and 
the  2d  of  August,  1774,  contains  other  persons,  a  force  sufficient,  if 
the  following  significant  passage,  not  to  subdue  rebellion,  at  least  to 
which  shows  that  this  unscrupulous  defend  government,  was  very  en- 
and  vindictive  agent  of  ministerial  couraging ;  but  I  find  by  your  let- 
tyranny  relied  upon  the  employ-  ters  delivered  to  me  by  Lieutenant 
ment  of  Indians  and  negroes  as  a  Collins,  that  you  have  been  obliged, 
regular  means  of  sustaining  the  from  the  violence  of  the  times,  men- 
authority  of  his  government,  even  aced  by  one  branch  of  the  legisla- 
before  the  occurrence  of  any  open  ture  and  abandoned  by  the  other, 
rupture  with  the  inhabitants  of  the  to  yield  up  all  the  powers  of  gov- 
Colony.  ernment  and  retire  yourself  on 

"  The  hope,"  says  the  approving  board   the   Fowey."     See   Amer- 

minister  to  the    guilty  governor,  ican  Archives,  (4th  series,)  vol.  in. 

"  you  held  out  to  us  in  your  letter  p.  6. 

of  the  1st  of  May,  that,  with  a  sup-        2  American  Archives,  (4th  se- 

ply  of  arms  and  ammunition,  you  ries,)  vol.  iv.  p.  465. 


NEW   CONVENTION  AT  WILLIAMSBURG.       119 

to  Virginia ;  as  motives  of  resentment  actuate  his 
conduct,  to  a  degree  equal  to  the  total  destruc 
tion  of  the  Colony." 

Under  the  influence  of  these  various  and  pow 
erful  causes  of  alienation  from  the  mother  coun 
try,  the  public  mind  of  America  began  to 
advance  rapidly,  though  with  unequal  steps  in 
both  individuals  and  communities,  to  the  stern 
and  magnanimous  resolve  of  final  separation. 
The  question  of  independence  was  now  freely 
canvassed,  not  only  in  the  consultations  of  pa 
triots  and  in  the  conversations  of  friends  and 
neighbours,  but  openly  through  the  public  press. 
In  this  state  of  things,  in  the  month  of  April, 
1776,  delegates  were  elected  by  the  several  coun 
ties  of  Virginia  to  a  new  convention,  which  as 
sembled  in  Williamsburg,  on  the  6th  day  of  the 
following  month.  Of  this  body,  destined  to  take 
so  important  a  lead  on  the  great  question  which 
then  occupied  the  minds  and  hearts  of  all  Amer 
ica,  Mr.  Madison,  at  the  age  of  twenty-five  years, 
was  chosen  a  member  for  his  native  county  of 
Orange. 


CHAPTER    V. 

Proceedings  of  the  Virginia  Convention  of  1776  — Instructions  to 
their  Delegates  in  Congress  to  propose  Declaration  of  Indepen 
dence  —  Authorship  of  the  Instructions  —  Select  Committee  to  pre 
pare  a  Declaration  of  Rights  and  Plan  of  Government  —  Mr. 
Madison  a  Member  of  the  Committee  —  George  Mason  Author  of 
Original  Draft  of  Declaration  of  Rights  —  Amended  in  its  last 
Article  on  Motion  of  Mr.  Madison  — r  Difference  between  Religious 
Toleration  and  Religious  Freedom  —  Deliberations  of  Select  Com 
mittee  on  Plan  of  Government  —  Mr.  John  Adams  suggests  one 

Another  proposed  by  Mr.  Braxton,  Delegate  in  Congress  from 
Virginia  —  Letter  of  Patrick  Henry  on  the  Subject  —  Plan  pre 
sented  by  a  Member  of  the  Select  Committee  —  Resemblance 
between  it  and  Constitution  finally  adopted— Principal  Features 
of  the  Virginia  Constitution  of  1776  —  Republican  Government  as 
understood  by  the  wise  and  patriotic  Men  who  framed  that  Con 
stitution —  Distinction  between  a  Republic  and  a  Democracy  — 
Question  as  to  the  Authorship  of  the  Original  Plan  submitted  to  the 
Select  Committee  —  Letter  and  Memorandum  of  Mr.  Madison  on 
the  Subject  —  Distinguished  Lead  of  George  Mason  —  Patrick 
Henry  elected  first  Republican  Governor — His  Testimony  in 
Favor  of  the  Constitution  of  1776  — Adjournment  of  the  Conven 
tion. 

WHEN  it  became  manifest  that  the  last  and 
only  security  for  the  rights  of  America  was  in 
the  valor  of  her  sons,  and  the  Colonies  were  all 
arming  for  the  contest,  Mr.  Madison  kindled  with 


MR.  MADISON'S  TV^SH  TO  JOIN  THE  ARMY.     121 

the  military  ardor  of  his  countrymen,  and  ear 
nestly  desired  to  join  the  army.  A  very  large 
proportion  of  those  who  had  been  his  intimate 
friends  and  associates  at  Princeton,  where  we 
have  seen  the  spirit  of  patriotic  resistance  to 
the  encroachments  of  the  mother  country  run 
so  high,  had  obtained  commissions  in  the  army ; 1 
and  one  of  his  brothers,  Ambrose,  four  years 
younger  than  himself,  had  likewise  done  so. 
These  circumstances,  together  with  the  lofty  and 
indignant  sense  of  the  wrongs  of  his  country 
which  fired  his  own  bosom,  strongly  disposed 
him  to  the  military  career.  The  continued  fee 
bleness  of  his  health  and  constitution,  in  depriv 
ing  him  of  the  physical  strength  necessary  for 
the  services  of  the  field,  alone  prevented  the 
indulgence  of  the  decided  bent  of  his  feelings. 
As  a  member  of  the  committee  of  his  county, 
however,  he  had  shown  too  much  zeal  for  the 
cause  of  American  liberty,  with  high  power, 
moral  and  intellectual,  to  defend  and  promote 
its  interests,  not  to  have  attracted  the  notice  of 
his  fellow-citizens ;  and  by  their  spontaneous  voice, 

1  In  an  oration  of  the  Hon.  W.  alumni,  on  the  early  destinies  of 

C.  Alexander,    (24th  of  August,  America,  the  same  authority  states 

1857,)    "  On    the    Influence    of  that  nearly  one  fifth  of  the  signers 

Princeton  College  on  the  Liberty,  of  the  Declaration  of  Independ- 

Independence,  and  Greatness  of  ence,  and  an  equal  proportion  of 

the  United  States,"  it  is  stated  that  the   members   of  the   convention 

four  fifths  of  her  alumni  passed  which  formed  the  constitution  of 

from  her  walls  into  the  revolution-  the  United  States,  and  of  the  first 

ary  army.     As  a  further  illustra-  Congress  under  it,  were  also  grad- 

tion  of  the  wide  influence  of  that  uates  of  Princeton  College, 
ancient    institution,   through   her 

VOL.   I.  11 


122  LIFE  AND  TIMES   OF  MADISON. 

he  was  summoned  from  his  studious  retirement 
to  represent  them  in  the  convention  of  1776. 

He  was  probably,  with  one  or  two  exceptions, 
the  youngest  member  of  that  body.  It  was  an 
assembly  of  the  conscript  fathers  of  the  Colony, 
called  together  by  a  crisis  of  the  most  moment- 
ous  character  to  take  counsel  for  the  public 
liberty  and  safety.  Eichard  Bland,  the  Lees, 
(Thomas  Ludwell,  and  Eichard  Henry,)  George 
Mason,  Patrick  Henry,  Edmund  Pendleton,  Eob- 
ert  Carter  Nicholas,  George  Wythe,  Archibald 
Cary,  and  others,  whose  names  had  been  long 
familiar,  and  were  now  consecrated  in  the  gen 
eral  confidence  and  affection,  as  leaders  and 
oracles  of  public  opinion,  were  there  to  lend  the 
aid  of  their  ripened  wisdom  and  experience. 
Mr.  Pendleton  was  chosen  to  preside  over  their 
deliberations ;  and,  in  taking  the  chair,  he  re 
minded  the  convention,  in  terms  of  impressive 
gravity  and  dignity,  that  they  were  met  "at  a 
time  truly  critical ;  .  .  .  when  almost  all  the  pow 
ers  of  government  have  been  suspended  for  near 
two  years;  .  .  .  and  it  will  become  us  to  reflect 
whether  we  can  longer  sustain  the  great  strug 
gle  we  are  making,  in  this  situation." 

These  pregnant  words  plainly  pointed  to  the 
necessity  of  organizing  a  new  and  independent 
government,  and  of  finally  severing  the  ties 
which  had  hitherto  (for  the  last  two  years,  in 
form  only,)  bound  the  Colony  to  the  mother 
country.  On  the  following  day,  (8th  of  May,) 


VIRGINIA  FOR  INDEPENDENCE.  123 

it  was  ordered  that  the  convention  would,  on  the 
10th  instant,  resolve  itself  into  a  committee  of 
the  whole  house  to  take  into  their  consideration 
the  state  of  the  Colony.  This  order  was  put  off 
from  day  to  day  until  the  14th  instant,  when  it 
was  executed ;  and  Mr.  Archibald  Gary,  chairman 
of  the  committee  of  the  whole  house,  reported 
that,  "  having  had  the  state  of  the  Colony  under 
their  consideration,  but  not  having  time  to  go 
through  the  same,  the  committee  directed  him 
to  move  for  leave  to  sit  again."  On  the  suc 
ceeding  day,  the  15th  of  May,  1776,  the  conven 
tion  again  resolved  itself  into  a  committee  of  the 
whole  on  the  state  of  the  Colony ;  and  after 
some  time  spent  therein,  the  president  resumed 
the  chair,  and  Mr.  Cary  reported  that  the  com 
mittee  of  the  whole  had  come  to  certain  resolu 
tions,  "which  he  read  in  his  place,  and  then 
delivered  in  at  the  clerk's  table,  where  the  same 
were  again  twice  read,  and  unanimously  agreed 
to,  one  hundred  and  twelve  members  being  pres 
ent."  1 

These  resolutions  recapitulate,  in  a  brief  and 
vigorous  summary,  the  wrongs  experienced  from 
the  King  and  Parliament  of  Great  Britain,  espec 
ially  the  last  crowning  outrage,  by  which  the 
Colonies  are  declared  to  be  out  of  the  protec 
tion  of  the  parent  state,  their  properties  sub 
jected  to  confiscation,  their  people,  when  "  cap 
tivated,"  compelled  to  join  in  the  murder  and 

1  Journal  of  the  Convention,  p.  15. 


124  LIFE  AND  TIMES   OF  MADISON. 

plunder  of  their  relations  and  countrymen,  fleets 
and  armies  raised,  and  the  aid  of  foreign  troops 
engaged  to  assist  these  destructive  purposes ; 
and  then  passing  to  the  proceedings  of  the 
King's  representative  in  the  Colony,  which  they 
characterize  as  "  a  piratical  and  savage  warfare," 
they  declare  that  no  alternative  is  left  but  "ab 
ject  submission  to  the  will  of  these  overbear 
ing  tyrants,  or  a  total  separation  from  the  crown 
and  government  of  Great  Britain,  uniting  and 
exerting  the  strength  of  all  America  for  defence, 
and  forming  alliances  with  foreign  powers  for 
commerce  and  aid  in  war."  They  conclude  with 
solemnly  instructing  the  delegates  of  Virginia  in 
the  general  Congress,  "to  propose  to  that  body 
to  declare  the  united  Colonies  free  and  indepen 
dent  States,  absolved  from  all  allegiance  to  or 
dependence  on  the  crown  or  Parliament  of  Great 
Britain,  and  that  they  give  the  assent  of  this 
Colony  to  such  Declaration,  and  to  whatever 
measures  may  be  thought  proper  and  necessary 
by  the  Congress  for  forming  foreign  alliances, 
and  a  confederation  of  the  Colonies." 

This  was  the  first  decided  movement  of  a 
competent  authority,  in  any  of  the  Colonies,  in 
favor  of  independence.  The  Provincial  Congress 
of  North  Carolina  had,  it  is  true,  on  the  12th 
day  of  the  preceding  month,  passed  resolutions 
which  "empowered  their  delegates  in  Congress 
to  concur  with  the  delegates  of  the  other  Colo 
nies  in  declaring  independence  and  forming  for- 


MOTION   OF  VIRGINIA  DELEGATES.  125 

eign  alliances."  But,  however  meritorious  and 
patriotic  those  resolutions  were,  they  simply  gave 
to  the  North  Carolina  delegates  the  power,  if 
they  thought  proper  to  exercise  it,  to  concur  in  a 
measure  which  might  or  might  not  be  brought 
forward  by  others;  while  the  resolutions  of  Vir 
ginia  imposed  upon  her  representatives  the  obli 
gation  to  propose  that  measure  unconditionally, 
and  to  take,  in  her  name,  all  the  responsibility 
of  a  courageous  and  unhesitating  lead. 

Accordingly  her  delegates,  in  pursuance  of 
their  instructions,  brought  forward  in  Congress, 
on  the  7th  day  of  June,  a  resolution  declaring 
that  "these  united  Colonies  are,  and  of  right 
ought  to  be,  free  and  independent  States;  that 
they  are  absolved  from  all  allegiance  to  the 
British  crown,  and  that  all  political  connection 
between  them  and  the  state  of  Great  Britain  is 
and  ought  to  be  totally  dissolved."  This  resolu 
tion  was  earnestly  debated  on  the  8th  and  10th 
of  June ;  on  the  last  of  which  days,  without 
coming  to  a  final  decision  upon  it,  a  select  com 
mittee  was  appointed  to  "prepare  a  declaration 
to  the  effect  of  the  said  resolution."  As  it  had 
encountered  a  good  deal  of  opposition  in  quarters 
where  it  was  hoped  the  delay  of  a  few  weeks 
would  produce  a  more  favorable  sentiment  tow 
ards  it,  its  farther  consideration  was  postponed 
to  the  1st  of  July. 

On  that  and  the  following  day,  the  debate 
upon  it  was  renewed.  The  resolution,  as  pro 
11* 


126  LIFE  AND  TIMES   OF  MADISON. 

posed  by  the  delegates  of  Virginia  in  pursuance 
of  their  instructions,  was  then  finally  adopted  by 
the  House ;  and  two  days  later  the  declaration, 
prepared  in  conformity  to  the  resolution,  pro 
claiming  in  fit  and  noble  language  the  birth  of 
a  great  republican  empire  in  America,  springing 
from  the  tyranny  and  oppression  of  its  European 
parent,  received  in  the  bosom  of  Congress  its  last 
sanction  by  the  individual  and  responsible  signa 
tures  of  the  delegates  of  the  several  Colonies.1 

The  great  act  of  national  independence  as  pro 
claimed  by  the  Congress  of  the  United  Colonies, 
— an  event  of  which  the  immeasurable  influence 
upon  the  destinies  of  the  human  family  is  every 
where  acknowledged, — being  thus  connected  in 
an  unbroken  line  with  the  instructions  of  the 
Virginia  convention  of  1776  to  their  delegates 
in  Congress,  every  circumstance  relating  to  the 
origin  and  history  of  those  instructions  becomes 
matter  of  rational  and  patriotic  interest.  Though 
they  were  entered  upon  the  journal  of  the  con 
vention  as  unanimously  adopted,  one  hundred 
and  twelve  members  being  present,  there  is  rea 
son  to  believe  that  they  did  not  pass  with  the 
entire  concurrence  of  all  the  members.  This, 
besides  being  the  natural  inference  from  the  cir 
cumstance  of  their  being  under  the  consideration 
of  the  committee  of  the  whole  for  two  days,  is 

1  For  a  full  account  of  the  pro-  Congress,  vol.  I.  pp.  368,  369,  and 
ceedings  in  Congress  relative  to  392-396,  and  Jefferson's  Writings, 
independence,  see  Journal  of  Old  vol.  I.  pp.  10-16,  and  96-100. 


CONVENTION  NOT  UNANIMOUS. 


127 


positively  affirmed  in  the  contemporary  corre 
spondence  of  a  distinguished  member.1  That 
there  were  shades  of  difference  in  the  con 
vention  among  those  friendly  to  independence, 
as  to  the  mode  of  giving  effect  to  it,  appears 
from  a  letter  of  Major-General  Lee,  who,  being 
at  Williamsburg  in  the  exercise  of  his  mili 
tary  command,  during  the  sitting  of  the  conven 
tion,  wrote  to  General  Washington  on  the  10th 
of  May,  "A  noble  spirit  possesses  the  convention. 
They  are  almost  unanimous  for  independence, 
but  differ  in  their  sentiments  about  the  mode  ; 
two  days  will  decide  it."  2 


1  Manuscript  Letter  of  George 
Mason  to  R.  H.  Lee  of  the  18th 
of  May,   1776,  wherein   he  says, 
"  the  opponents  being  so  few  that 
they  did  not  think  fit  to  divide,  or 
contradict  the  general  voice."  This 
letter  is  in  the  archives  of  the  Vir 
ginia  Historical  Society. 

2  See  American  Archives,  (4th 
series,)  vol.  vi.  p.  406.      A  letter 
addressed  by  General  Lee  to  Pat 
rick    Henry,   bearing    date    only 
three  days  before  the  one  to  Gen 
eral  Washington  cited  above,  has 
raised  a  doubt  whether  Mr.  Henry 
was  not  among  those  who  hesitated 
about  the  Declaration  of  Independ 
ence  at  this  time.     In  that  letter, 
which  is  a  very  remarkable  one,  as 
well  for  its  ability  as  for  the  inci 
dental  disclosures  made  by  it,  (see 
it  at  length  in  American  Archives, 
5th  series,  vol.  I.  pp.  95-97,)  the 
writer  combats,  with  great  clear- 

and  force,  certain  objections 


which  appear  to  have  been  urged 
by  Mr.  Henry,  in  a  conversation 
of  the  day  previous,  against  an 
immediate  Declaration  of  Inde 
pendence. 

It  will  be  seen,  from  a  statement 
of  Mr.  Edmund  Randolph  here 
after  referred  to  in  the  text,  that 
the  instructions  of  the  Virginia 
convention  of  the  15th  of  May,  in 
favor  of  a  declaration  of  independ 
ence  by  Congress,  were  actually 
sustained  in  debate  by  Mr.  Henry ; 
from  which  the  natural  inference 
would  be  that  his  mind  had  been 
entirely  relieved  from  the  doubts 
he  entertained  at  the  time  of  his 
conversation  with  General  Lee. 
And  yet,  in  a  letter  written  by  him 
to  Mr.  John  Adams  on  the  20th  of 
May,  five  days  after  the  adoption 
of  those  instructions,  he  repeats 
and  dwells  upon  the  apprehension 
that  France  might  be  seduced  to 
take  sides  against  the  Colonies  by 


128  LIFE   AND  TIMES   OF  MADISON. 

By  what  pen  the  instructions  of  the  Virginia 
convention  were  drawn,  is  a  question  suggested 
as  well  by  the  intrinsic  dignity  and  importance 
of  the  paper,  as  by  the  fact  of  its  being  the 
basis  of  the  proceedings  of  Congress,  which  ter 
minated  in  independence.  Like  the  great  Decla 
ration  itself,  it  has  not  escaped  criticism,  though 
in  a  somewhat  different  sense.1  As  a  grave 
public  act,  however,  without  aspiring  to  the  am 
bitious  graces  of  studied  composition,  it  is  char 
acterized  by  an  appropriate  clearness  and  con 
densation;  a  sobriety,  yet  energy,  of  statement 
marking  firm  resolve;  and  an  unaffected  and 
even  Doric  simplicity  of  language,  which  well 
consorts  with  the  inherent  grandeur  of  the 
cause. 

That    there    was    no    spirit   of  self-seeking    or 

an  offer  from  England  to  divide  hered  to,  would  have  postponed 
the  territories  of  America  between  the  declaration  of  independence 
them;— an  apprehension  that  form-  near  five  years.  It  would  almost 
ed  the  principal  subject-matter  of  seem  that  Mr.  Henry  had  an  idea 
the  objections,  which  appear  to  of  an  open  declaration  of  inde- 
have  been  urged  by  him,  in  his  pendence  as  something  different 
conversation  with  General  Lee,  from  what  the  instructions  of  the 
against  an  immediate  declaration  Virginia  convention,  which  had 
of  independence.  been  sustained  by  him,  absolutely 
In  the  letter  to  Mr.  Adams,  Mr.  required  her  delegates  in  Congress 
Henry  also  says,  "  the  confed-  to  propose.  See  the  letter  to°Mr. 
eracy"  (meaning,  as  the  context  Adams  in  "Works  of  John  Ad- 
proves,  the  conclusion  of  articles  of  ams,"  vol.  iv.  pp.  201,  202. 
confederation  among  the  States,)  1  See  Letter  of  George'  Mason 
"^must  precede  an  open  declara-  to  R.  H.  Lee,  referred  to  above, 
tion  of  independence,  and  foreign  and  also  the  letter  of  Patrick 
alliances  ;  "—a  condition  which,  as  Henry  to  John  Adams,  of  the  20th 
things  turned  out,  if  inflexibly  ad-  of  May,  1776. 


AUTHORSHIP   OF  INSTRUCTIONS.  129 

vanity  connected  with  the  production  of  this 
important  paper,  is  evinced  by  the  circumstance 
of  its  authorship  being  unknown  to  many  of  the 
members  of  the  convention  itself.  It  appears 
from  a  letter  addressed  by  Mr.  Madison  in  after 
life  to  Mr.  Jefferson,  with  the  laudable  purpose 
of  rescuing  from  oblivion  the  part  borne  by  each 
actor  in  this  great  scene  of  our  history,  that, 
though  a  member  himself  of  the  body  from 
which  these  instructions  proceeded,  he  was  left 
wholly  to  conjecture  with  regard  to  their  par 
ticular  origin.  The  following  is  an  extract  of 
the  letter  referred  to,  dated  the  6th  of  Septem 
ber,  1823  :— 

"  The  friends  of  R  H.  Lee  have  shown  not 
only  injustice  in  underrating  the  draught,  (of  the 
Declaration  of  Independence,)  but  much  weak 
ness  in  overrating  the  motion  in  Congress  pre 
ceding  it;  all  the  merit  of  which  belongs  to  the 
convention  of  Virginia,  which  gave  a  positive 
instruction  to  her  deputies  to  make  the  motion. 
It  was  made  by  him  as  next  in  the  list  to  Pey 
ton  Kandolph,  then  deceased.  Had  Mr.  Lee  been 
absent,  the  task  would  have  devolved  on  you. 
As  this  measure  of  Virginia  makes  a  link  in  the 
history  of  our  national  birth,  it  is  but  right  that 
every  circumstance  attending  it  should  be  ascer 
tained  and  preserved.  You  probably  can  best 
tell  where  the  instruction  had  its  origin,  and  by 
whose  pen  it  was  prepared.  The  impression  at 
the  time  was  that  it  was  communicated  in  a 


130  LIFE    AND  TIMES   OF  MADISON. 

letter   from    yourself  to    Mr.  Wythe,  a  member 
of  the  convention." 

To  this  letter  we  have  not  the  answer  of  Mr. 
Jefferson ;  but  the  entire  omission  of  the  conjectr 
ure  it  contained  in  later  letters  of  Mr.  Madison, 
referring  to  the  same  subject,  authorizes  the  con 
clusion  that  it  did  not  receive  confirmation  from 
the  authentic  source  to  which  he  appealed. 

It  seems  now  to  be  established  by  the  unques 
tionable  testimony  of  a  contemporary  actor  that 
Edmund  Pendleton,  the  president  of  the  conven 
tion,  was  the  draughtsman  of  this  memorable 
act.  In  a  funeral  eulogy  on  the  occasion  of  his 
death  in  1803,  recently  brought  to  light  by  the 
researches  of  a  most  devoted  and  able  inquirer 
into  our  State  history,  the  orator,  Edmund  Ran 
dolph,  who  was  a  member  of  the  convention  of 
1776,  distinctly  affirms  that  "the  resolution  which 
passed  the  convention  for  declaring  independ 
ence  was  drawn  by  Mr.  Pendleton,  proposed  by 
General  Nelson,  and  enforced  by  Mr.  Henry." : 
The  revelation  adds  new  lustre  to  the  fame  of 
Pendleton. 

This  gentleman,  whose  patriotism  was  always 
above  suspicion,  had,  nevertheless,  united  with 
the  steady  firmness  of  his  resistance  to  the  arbi 
trary  measures  of  the  mother  country,  so  much 
of  the  native  coolness,  deliberation,  and  prudence 
of  his  character,  that  the  more  ardent  spirits  of 

1  See  the  Virginia  Gazette  of  the  2d  of  November,  1803.  To  Mr 
Grigsby  belongs  the  merit  of  evoking  this  posthumous  testimony. 


EDMUND  PENDLETON.  131 

the  day  were  sometimes  dissatisfied  with,  if  they 
did  not  venture  openly  to  reproach,  him.  The 
offence,  too,  which,  as  chairman  of  the  committee 
of  safety,  in  a  question  of  great  delicacy,  he  had 
been  so  unfortunate  as  to  give  to  the  personal 
friends  of  Mr.  Henry,  had  arrayed  against  him, 
at  one  time,  the  prejudices  and  animosity  of  a 
strong  and  powerful  party.  To  every  ingenuous 
mind,  therefore,  cherishing  with  equal  loyalty 
and  regard  the  fame  of  all  our  illustrious  patri 
ots,  it  cannot  but  be  matter  of  sincere  gratifica 
tion  to  find  the  name  of  Pendleton  connected, 
in  the  closest  possible  relation,  with  the  first 
great  and  decisive  movement  in  favor  of  inde 
pendence  ;  thus  furnishing,  for  the  instruction  of 
rulers  and  people,  a  new  proof  that  prudence, 
which  a  great  English  statesman  has  pronounced 
"not  only  the  first  in  rank  of  virtues,  political 
and  moral,  but  the  director,  the  regulator,  the 
standard  of  them  all,"  does  not  exclude  boldness, 
but  is  often,  as  the  same  profound  genius  has 
said,  another  name  for  "courageous  wisdom."1 
r  On  the  same  day  and  by  the  same  act  by 
which  the  convention  pronounced  their  eventful 
decision  in  favor  of  independence,  they  resolved 
with  like  unanimity  that  "a  committee  be  ap 
pointed  to  prepare  a  Declaration  of  Eights  and 
such  a  Plan  of  Government  as  will  be  most 
likely  to  maintain  peace  and  order  in  this  Col- 

i  Burke.     Appeal  from  New  to  Old  Whigs,  and  Letters  on  a  Regi- 
oide  Peace. 


132  LIFE   AND   TIMES   OF  MADISON. 

ony,  and  secure  substantial  and  equal  liberty  to 
the  people."  It  is  a  circumstance  which  ren 
ders  the  15th  of  May,  1776,  yet  more  mem 
orable,  that  the  Continental  Congress,  on  that 
day,  adopted  a  preamble  and  resolution  setting 
forth,  in  language  almost  identical  with  that  of 
the  Virginia  convention,  that  "as  the  whole 
force  of  Great  Britain,  aided  by  foreign  merce 
naries,  is  to  be  exerted  for  the  destruction  of 
the  good  people  of  these  Colonies,"  it  has  be 
come  necessary  to  suppress  the  exercise  of  every 
kind  of  authority  under  the  British  crown,  and 
that  all  the  powers  of  government  be  hencefor 
ward  exerted  under  the  authority  of  the  people 
of  the  Colonies,  for  the  preservation  of  peace, 
liberty,  and  safety;  and  recommending  to  the 
respective  assemblies  or  conventions  of  the  Col 
onies  to  proceed  at  once  to  the  organization  of 
such  governments.1  The  convention  of  Virginia, 
guided  by  the  intuitive  suggestions  of  its  own 
patriotism  and  forecast,  had  already  entered  upon 
the  task,  at  the  very  moment  Congress  was 
advising  it,  and  days  before  the  recommenda 
tion  of  the  latter  could  have  been  known  in 
Virginia. 

The  committee  appointed  for  the  performance 
of  this  master  work  consisted  originally  of  twenty- 
eight  members,  embracing  the  most  eminent  and 
well  known  names  of  the  convention,  Archibald 
Cary,  Kobert  Carter  Nicholas,  Patrick  Henry, 

1  See  Journals  of  old  Congress,  vol.  i.  pp.  339  and  345. 


COMMITTEE   TO  FRAME   CONSTITUTION.       133 

Richard  Bland,  Thomas  Ludwell  Lee,  John  Blair, 
Meriwether  Smith,  James  Mercer,  and  others, 
who,  if  less  known  to  fame,  had  nevertheless 
given  solid  proofs  of  practical  wisdom  and  capac 
ity  for  government.  On  the  day  following  the 
appointment  of  the  committee,  Mr.  Madison,  who, 
through  the  veil  of  his  inexperience  and  mod 
esty,  had  just  begun  to  attract  the  notice  of  the 
convention,  was,  on  special  motion,  added  to  it; 
and  it  was  not  till  one  day  later  that  George 
Mason,  destined  to  be  the  great  leader  in  the 
labors  of  the  committee,  .was,  in  like  manner, 
made  a  member  of  it.  One  already  so  well 
known  to  the  country,  for  his  great  abilities  and 
experience,  could  not  have  been  pretermitted  in 
the  original  formation  of  the  committee  but  for 
his  absence  at  the  time  of  its  appointment;  having 
been  detained  from  his  seat  by  an  attack  of  his 
constitutional  malady,  the  gout. 

The  difficulty  of  the  task  intrusted  to  the 
committee  corresponded  with  its  dignity  and  im 
portance.  The  first  written  constitution  for  a 
free,  sovereign,  and  independent  state  which  the 
history  of  the  world  had  yet  called  forth,  was 
now  to  be  framed,  and  adjusted  to  new  and  un 
tried  circumstances.  New  Hampshire  and  South 
Carolina  had,  a  few  months  before,  adopted  tem 
porary  and  provisional  governments,  "during  the 
continuance  of  the  dispute  with  the  mother 
country,"  and  in  view  of  an  ultimate  "recon 
ciliation,"  which  both  of  them,  at  the  time,  ear- 

VOL.   I.  12 


134  LIFE  AND  TIMES   OF  MADISON. 

nestly  invoked.  But  these  essays  were  so  crude 
and  imperfect,  and  bore  such  evident  marks  of 
the  precarious  and  equivocal  circumstances  in 
which  they  were  formed,  that  they  could  fur 
nish  no  guide,  or  even  useful  hint,  for  the 
foundation  of  a  permanent  and  self-existent  gov 
ernment. 

Mr.  Adams,  at  the  request  of  one  of  the  del 
egates  of  Virginia  in  Congress,  had  written  a 
small  tract,  containing  "Thoughts  on  Govern 
ment,"  which  was  sent  to  Virginia;  and  another 
of  the  Virginia  delegates  had  himself  prepared 
a  sketch  of  a  constitution,  founded  on  principles 
less  democratic,  which  he  addressed  to  the  conven 
tion  through  the  public  journals,  under  the  anon 
ymous  signature  of  "A  Native."1  It  does  not 
appear  that  either  of  these  contributions,  how 
ever  well  meant,  and  though  the  former  received 
the  hearty  approbation  of  Mr.  Henry,  afforded 
any  essential  aid  to  the  deliberations  of  the 
committee.  The  plan  prepared  by  Mr.  Jefferson, 
and  forwarded  through  Mr.  Wythe,  arrived  after 
the  committee  had  made  their  report,  and  too 
late  to  be  seriously  considered. 

The  first  part  of  their  task,  as  we  have  seen, 
was  the  preparation  of  a  Declaration  of  Rights. 
The  proper  office  of  such  a  declaration,  as  it  was 
conceived  by  the  committee,  was  not  merely  to 

l  The  tract  of  Mr.  Adams  is  to  "A  Native,"  in  American  Ar- 
be  found  in  his  Works,  vol.  iv.  chives,  (4th  series,)  vol.  vi.  pp. 
p.  193,  and  the  communication  of  748-754. 


GEORGE  MASON.  135 

proclaim  an  abstract  theory  of  the  rights  of 
man,  natural  or  civil,  but  to  lay  down  the  great 
fundamental  principles  of  just  and  free  govern 
ment,  and  to  assert  those  inviolable  safeguards 
which  experience,  as  well  as  reason,  had  shown 
to  be  indispensable  for  the  protection  of  public 
and  private  liberty.  In  this  extent,  the  task 
demanded  the  maturest  judgment,  the  largest 
wisdom,  the  discipline  and  training  of  the  most 
thorough  statesmanship. 

In  George  Mason,  all  these  requisites  were 
happily  united.  He  had  now  attained  the  full 
meridian  of  life.  He  had  taken  a  lively  in 
terest  in  every  stage  of  the  controversy  with 
the  mother  country;  and -his  pen,  while  he  was 
yet  a  private  citizen,  and  clung  with  fond  pref 
erence  to  the  endearments  of  domestic  life,  had 
been  often  and  ably  employed  in  vindicating 
the  rights  of  the  Colonies.  For  the  first  time, 
he  was  drawn  from  his  retirement  to  supply  the 
place  of  Washington  as  one  of  the  members  for 
Fairfax  County  in  the  convention  of  1775,  when 
the  latter  was  appointed  commander-in-chief  of 
the  army.  In  that  convention,  he  so  distinguished 
himself  by  his  great  abilities,  untiring  energy  and 
fervid  patriotism,  that  he  was  placed  second  to 
Pendleton  on  the  committee  of  safety ;  and  he 
was  also  most  honorably  elected  a  delegate  to 
the  Continental  Congress  in  the  place  of  Mr. 
Bland,  which  situation,  however,  he  was  forced 
by  domestic  considerations  to  decline. 


136  LIFE  AND  TIMES   OF  MADISON. 

He  now  came  forth  again  from  his  cherished 
retirement  to  participate  in  the  common  coun 
sels  for  the  public  safety.  He  was  the  type  of 
that  enlightened  and  patriotic  class  of  country 
gentlemen,  who  sedulously  eschew  the  political 
scene,  except  when  imperiously  summoned  to  it 
by  the  voice  of  duty  and  public  danger.  This 
circumstance,  doubtless,  strongly  commended  him 
to  the  confidence  of  his  associates,  while  his 
well  known  wisdom  and  ability, — the  fruit  of 
long  study  and  observation, — qualified  him  in  an 
especial  manner  for  the  lead  that  was  assigned 
him. 

Though  not  a  lawyer  by  profession,  no  man 
was  more  profoundly  versed  in  the  constitutional 
lore,  and  the  legislative  and  political  history,  of 
the  parent  state.  This  was  the  school  in  which 
he  imbibed  his  free  principles,  with  the  strong 
conservative  sentiments  to  which,  in  his  case 
they  were  so  closely  allied.  In  a  letter  written 
to  a  friend  and  relative  in  England  in  1778,  while 
avowing  his  determination  to  "  risk  the  last  penny 
of  his  fortune  and  the  last  drop  of  his  blood 
on  the  issue  of  independence,"  he  says  that  "  no 
man  had  been  more  warmly  attached  to  the 
Hanover  family,  and  the  Whig  interest  of  Eng 
land,  than  I  was,  and  few  men  had  stronger 
prejudices  in  favor  of  that  form  of  government 
under  which  I  was  born  and  bred."1 

'  See  Letter  to  Col.  George  Mercer  in  Virginia  Historical  Kegister, 
vol.  ii.  p.  30. 


DECLARATION  OF  RIGHTS.  137 

When  we  look  at  the  Declaration  of  Eights 
prepared  by  him,  and  which,  with  a  few  altera 
tions,  was  unanimously  adopted  by  the  conven 
tion,  we  shall  find  it  a  condensed,  logical,  and 
luminous  summary  of  the  great  principles  of 
freedom  inherited  by  us  from  our  British  ances 
tors  ;  the  extracted  essence  of  Magna  Charta, 
the  Petition  of  Eight,  the  acts  of  the  Long  Par 
liament,  and  the  doctrines  of  the  Eevolution  of 
1688  as  expounded  by  Locke, — distilled  and  con 
centrated  through  the  alembic  of  his  own  pow 
erful  and  discriminating  mind.  There  is  nothing 
more  remarkable  in  the  political  annals  of  Amer 
ica  than  this  paper.  It  has  stood  the  rude  test 
of  every  vicissitude  ;  and  while  Virginia  has  al 
ready  had  three  different  constitutions,  the  Dec 
laration  of  Eights  of  1776  has  stood,  and  yet 
stands,  without  the  change  of  a  letter,  at  the  head 
of  each  one  of  them,  however  difficult  it  may 
be  to  reconcile  with  its  principles  some  of  the 
provisions  of  the  later  constitutions.  At  the 
same  time,  its  leading  articles  have  been  adopted 
into  the  constitutional  acts  of  many  of  the  other 
States,  and  also  into  those  amendments  of  the 
constitution  of  the  United  States,  which  were 
deemed  by  the  first  Congress,  that  met  under  it, 
indispensable  to  complete  the  fabric  of  American 
liberty  and  Union.  What  a  commentary  is  this, 
alike  upon  the  largeness  of  British  freedom  in 
its  original  spirit  and  purity,  and  upon  the  con 
servative  genius  and  character  of  American  lib- 
12* 


138  LIFE  AND  TIMES   OF  MADISON. 

erty,  as  conceived  by  the  founders  of  our  insti 
tutions.1 

Every  circumstance,  relating  to   such   a  muni 
ment    of  traditional   freedom,   is    of    public    and 
lasting   interest.     The   committee   chosen  to  pre 
pare  it   and  a   plan   of  government   was,  as  we 
have   seen,  originally  appointed   on  the   15th  of 
May,  and  on  the  18th,  Mr.  Mason  was  added  to 
it.     On    the    27th   of   May,  Mr.  Archibald  Gary, 
the  chairman,  reported  the  Declaration  as  agreed 
to  by  the  select  committee ;   and  it  was  ordered 
to   be   printed  for   the   perusal   of  the   members 
of  the    convention.      The    original    draught   pre 
sented  to  the  committee  by  Mr.  Mason  has,  hap 
pily,  been   preserved   among    his   papers,  and   is 
now,  in  his  own  handwriting,  carefully  enshrined, 
as  it  deserves  to  be,  in  the  public  library  of  the 
State.      By  a   comparison   of   that   draught  with 
the    paper   reported    by  Mr.  Gary,  of  which  we 
find  a  printed  copy  among    the    papers   of   Mr. 
Madison,   (the    only   one,   perhaps,   now    extant,) 
we   are    enabled   at   once   to  see  the  few  verbal 
alterations  made  in  it  by  the  committee. 

In  addition,  however,  to  the  fourteen  articles 
which  composed  Mr.  Mason's  draught,  the  com 
mittee  reported  three  others ;  of  which  one  con 
demned  retrospective  or  ex  post  facto  laws,  an- 

1  In  support  of  these  views,  we  ginia  Constitution  of  1776,  de- 
beg  leave  to  commend  to  the  livered  before  the  Historical  So- 
reader  an  admirable  Discourse  of  ciety  of  Virginia,  in  January, 
Professor  Washington  on  the  Vir-  1852. 


REPORT  OF  COMMITTEE.  139 

other  general  warrants,  and  the  third  declared 
the  right  of  the  people  of  Virginia  to  uniform 
government,  and  inhibited  the  erection  of  any 
separate  or  independent  government  within  her 
limits.  On  the  10th  of  June,  the  convention 
resolved  itself  into  a  committee  of  the  whole 
to  take  into  consideration  the  Declaration  of 
Rights  as  reported  by  the  select  committee;  and 
certain  amendments  to  it  were  made  in  commit 
tee  of  the  whole,  which  were  agreed  to  by  the 
convention  on  the  following  day,  and  the  day 
after,  (the  12th  of  June,)  the  declaration  as  thus 
amended  was  unanimously  adopted  by  the  con 
vention. 

In  regard  to  the  verbal  alterations  in  Mr. 
Mason's  draught  which  had  been  made  by  the 
select  committee,  it  is  a  proof  of  the  admirable 
precision  with  which  his  work  was  done  that  the 
convention,  in  almost  every  instance,  restored  the 
original  version,  and  rejected  the  modifications 
of  the  committee.  Of  the  three  additional  arti 
cles  proposed  by  the  committee,  that  which  re 
lated  to  retrospective  or  ex  post  facto  laws  was 
rejected;1  but  the  other  two  respecting  general 
warrants  and  uniform  government  were  adopted 

1  It  is  a  curious  coincidence  objections  that  clause  of  the  in- 
connected  with  the  decision  of  the  strument  which  absolutely  and  un- 
convention  on  this  article,  showing  conditionally  prohibits  all  ex  post 
the  probable  influence  of  Colonel  facto  laws,  whether  by  Congress 
Mason  in  producing  it,  that  twelve  or  the  legislatures  of  the  States, 
years  afterwards,  in  setting  forth  See  his  Objections,  &c.,  in  Sparks's 
his  objections  to  the  Federal  Con-  Washington,  vol.  ix.  pp.  544- 
stitution,  he  included  in  those  547. 


140  LIFE  AND  TIMES   OF  MADISON. 

with    slight  variations,  and   form   a   part   of  the 
Declaration,  as  it  now  stands. 

There  was  one  amendment  made  by  the  con 
vention,    however,   which    merits    special    notice, 
both  on  account  of  the  importance  of  the  prin 
ciple  involved,  and  the  connection  of  Mr.  Madison 
with    it.      The    last    article    of   Colonel    Mason's 
draught  related  to  the  vital  subject  of  religious 
freedom.     Setting  forth,  that  religion,  or  the  °duty 
which  we  owe   to   our  Creator,  and   the   manner 
of  discharging  it,  can  be  directed  only  by  reason 
and   conviction,  not  by  force  or  violence,  it  pro 
ceeded   to   declare   that  "all   men  should,  there 
fore,  enjoy  the  fullest   toleration  in  the  exercise 
of   religion,    according    to    the    dictates    of   con 
science,    unpunished    and     unrestrained    by    the 
magistrate,  unless,   under    color   of  religion,  any 
man    disturb    the    peace,   the    happiness,   or    the 
safety  of  society."     This  article  was  reported  by 
the   select   committee  without  the  suggestion  of 
any  amendment,  and  came  before  the  convention 
precisely  as  it  stood  in  Colonel  Mason's  draught. 
To  Mr.  Madison,  however,  there  seemed  to  be 
both  a  dangerous  and  illogical  implication  in  the 
use    of   the    word    toleration,   as    well    as    in    the 
clause  which  admitted  the  restraining  and  puni 
tive  interposition  of  the  civil  magistrate  in  cases 
where   the   peace  of  society  might   be  supposed 
to  be  endangered.     Toleration  belonged  to  a  sys 
tem  in  which   there  was   an   established  Church, 
and  where  a  certain  liberty  of  worship  is  granted, 


AMENDMENT  PROPOSED  BY  MR.  MADISON.     141 

not  of  right  but  of  grace,  to  dissenting  denomi 
nations  ;  and  the  exception  to  this  granted  lib 
erty,  in  cases  where  the  peace  of  society  might 
be  alleged  to  be  in  danger  of  being  disturbed, 
was  one  which,  in  the  hands  of  the  dominant 
power,  might  be  easily  so  construed  as  to  impair, 
if  not  annul,  the  grant. 

These  considerations  impressed  themselves  so 
deeply  upon  the  mind  of  Mr.  Madison,  that, 
though  his  remarkable  modesty  and  the  defer 
ence  he  habitually  paid  to  superior  age  and 
experience  made  him  most  reluctant  to  offer 
any  suggestion  of  his  own  to  the  convention, 
yet  an  overruling  sense  of  duty,  with  a  profound 
and  settled  attachment  to  the  principle  of  re 
ligious  freedom  in  its  utmost  latitude,  impelled 
him  to  propose,  in  committee  of  the  whole,  an 
amendment  to  the  Declaration,  as  it  came  from 
the  hands  of  Colonel  Mason  and  of  the  select 
committee.  Instead  of  affirming  that  "all  men 7 
should  enjoy  the  fullest  toleration  in  the  exer 
cise  of  religion,  &c.,"  his  amendment  asserted  the 
inherent  and  indefeasible  right,  by  nature,  to 
freedom  of  religion,  declaring  that  "all  men  are  • 
equally  entitled  to  the  full  and  free  exercise  of 
it,  according  to  the  dictates  of  conscience ; "  and 
to  close  the  door  more  effectually  against  the 
dangers  of  an  abusive  exercise  of  the  authority 
of  the  civil  magistrate  under  the  clause  of  ex 
ception  in  Colonel  Mason's  draught,  it  added 
that  "no  man  or  class  of  men  ought,  on  account 


142  LIFE   AND  TIMES   OF  MADISON. 

of  religion,  to  be  invested  with  peculiar  emolu 
ments  or  privileges,  nor  subjected  to  any  penal 
ties  or  disabilities,  unless,  under  color  of  religion, 
the  preservation  of  equal  liberty  and  the  exist 
ence  of  the  state  are  manifestly  endangered." 

The  result  of  Mr.  Madison's  motion  was  that 
the  term  toleration  was  excluded  from  the  Decla 
ration  of  Rights,  and  the  assertion  of  an  absolute 
and  equal  right  in  all  to  the  free  exercise  of 
religion,  as  proposed  by  him,  substituted  in  its 
place  ;  and  the  qualifying  clause  of  the  original 
draught,  admitting  the  interposition  of  the  civil 
magistrate  in  cases  where  the  peace,  happiness, 
or  safety  of  society  might  be  supposed  to  be  in 
\  danger  of  being  disturbed,  was  wholly  omitted.1 

l  That  the  reader  may  have  the  whole  of  this  interesting  matter 
under  his  eye  at  the  same  moment,  we  present  here  in  parallel  columns 
the  draught  of  Colonel  Mason,  and  the  amendment  of  Mr.  Madison,  and 
subjoin  underneath  the  article  of  the  Declaration,  as  finally  adopted  :— 
Draught  of  Colonel  Mason.  Amendment  of  Mr.  Madison. 

"  That  religion,  or  the  duty  we  "  That  religion,  or  the  duty  we 
owe  to  our  Creator,  and  the  man-  owe  to  our  Creator,  and  the  man 
ner  of  discharging  it,  can  be  di-  ner  of  discharging  it,  being  under 
rected  only  by  reason  and  convic-  the  direction  of  reason  and  convic 
tion,  not  by  force  or  violence :  tion  only,  not  of  violence  or  com- 
and  therefore,  that  all  men  should  pulsion,  all  men  are  equally  entitled 
enjoy  the  fullest  toleration  in  the  to  the  full  and  free  exercise  of  it, 
exercise  of  religion,  according  to  according  to  the  dictates  of  con- 
the  dictates  of  conscience,  unpun-  science,  and,  therefore,'  that  no 
ished  and  unrestrained  by  the  man  or  class  of  men  ought,  on  ac- 
magistrate  unless,  under  color  of  count  of  religion,  to  be  invested 
religion,  any  man  disturb  the  with  peculiar  emoluments  or  privi- 
peace,  happiness,  or  safety  of  so-  leges,  nor  subjected  to  any  penalties 
ciety."  or  disabilities  unless,  under  color  of 

religion,  the  preservation  of  equal 
liberty  and  the  existence  of  the 
state  be  manifestly  endangered  " 


AMENDMENT  ADOPTED.  143 

Thus  early  were  the  wisdom  and  vigilant  love 
of  liberty  of  Mr.  Madison,  —  then  a  young  man, 
for  the  first  time  a  member  of  a  deliberative 
body,  and  of  an  extreme  modesty,  resembling  in 
that,  as  in  all  his  moral  attributes,  the  great 
character  of  Washington, —  incorporated  with  one 
of  the  noblest  and  most  enduring  monuments 
of  American  freedom  and  constitutional  law. 
The  term  toleration  had  been  admitted  into  the 
draught  of  Colonel  Mason,  doubtless,  from  his 
long  familiarity  with  the  leading  precedents  of 
English  legislation,  and  with  the  great  works  of 
Locke,  Hoadly,  and  others,  by  whom  it  had  been 
used  in  a  sense  of  unusual  liberality  for  the 
country  and  times  in  which  they  wrote.  Sub 
jected,  however,  to  a  logical  analysis,  it  embraced 
a  dangerous  fallacy;  and  Mr.  Madison,  in  ad 
vance  of  his  contemporaries,  perceived  the  lurk 
ing  mischief,  and  extirpated  it  from  the  Amer 
ican  code. 

A  celebrated  writer,  an  early  champion  of 
American  independence,  has  since  given  utter 
ance  to  the  same  views  of  the  subject  in  lan 
guage  of  peculiar  pungency  and  force.  "Tol- 
eratiop,"  he  says,  "is  not  the  opposite  of  in 
tolerance,  but  is  the  counterfeit  of  it.  Both 

The  article,  as  finally  adopted,  is  as  follows  : — 

"  That  religion,  or  the  duty  we  owe  to  our  Creator,  and  the  manner 
of  discharging  it,  can  be  directed  only  by  reason  and  conviction,  not 
by  force  or  violence,  and,  therefore,  all  men  are  equally  entitled  to  the 
free  exercise  of  religion,  according  to  the  dictates  of  conscience." 


144  LIFE  AND   TIMES   OF  MADISON. 

are  despotisms.  The  one  assumes  to  itself  the 
right  of  withholding  liberty  of  conscience,  the 
other  of  granting ,  it."  An  English  author,  yet 
more  profound,  and  not  less  an  admirer  of 
American  institutions,  has  recorded  similar  opin 
ions  in  the  following  grave  and  weighty  lan 
guage. 

u  In  liberty  of  conscience,  I  include  much  more 
than  toleration.  Christ  has  established  a  perfect 
equality  among  his  followers.  His  command  is 
that  they  shall  assume  no  jurisdiction  over  one 
another,  and  acknowledge  no  master  besides  him 
self.  It  is,  therefore,  presumption  in  any  of  them 
to  claim  a  right  to  any  superiority  or  preemi 
nence  over  their  brethren.  Such  a  claim  is  im 
plied,  whenever  any  of  them  pretend  to  tolerate 
the  rest.  Toleration  can  take  place  only  where 
there  is  a  civil  establishment  of  a  particular 
mode  of  religion;  that  is,  where  a  predominant 
sect  enjoys  exclusive  advantages,  and  makes  the 
encouragement  of  its  own  mode  of  faith  and 
worship  a  part  of  the  constitution  of  the  state, 
but  at  the  same  time  thinks  fit  to  suffer  the  ex 
ercise  of  other  modes  of  faith  and  worship. 
Thanks  to  God,  the  new  American  States  are,  at 
present,  strangers  to  such  establishments."  2 

The  changes  here  noticed  in  Colonel  Mason's 
draught  of  the  Declaration  of  Rights  having  taken 
place  in  committee  of  the  whole,  the  Journal  of 

1  See  Paine's  Rights  of  Man,  p.  58. 

2  Observations  on  the  American  Revolution,  by  Dr.  Price,  p.  28. 


MEMORANDUM   OF  MR.  MADISON.  145 

the  convention,  according  to  the  usual  mode  of 
keeping  that  record,  furnishes  no  clue  to  the  his 
tory  of  them.  But  among  Mr.  Madison's  papers, 
as  we  have  already  stated,  is  a  printed  copy  of 
the  Declaration  in  the  form  in  which  it  was  re 
ported  by  the  select  committee,  corresponding,  in 
the  article  relating  to  religion,  precisely  with  the 
original  draught  of  Colonel  Mason  ;  and  upon  that 
copy  is  inscribed  in  the  handwriting  of  Mr.  Madi 
son,  evidently  of  contemporaneous  date  with  the 
printed  paper,  the  amendment  proposed  by  him, 
as  we  have  given  it  above.  On  a  manuscript 
copy  of  the  Declaration  made  by  Mr.  Madison  at 
a  later  period  of  his  life,  and  exhibiting  in  par 
allel  columns  the  instrument  in  the  form  in 
which  it  was  reported  by  the  select  committee, 
and  also  in  that  in  which  it  was  finally  adopt 
ed  by  the  convention,  is  the  following  note  sub 
joined  by  him  to  the  last  article : — 

"On  the  printed  paper,  here  literally  copied, 
is  a  manuscript  variation  of  this  last  article 
making  it  read" — (Here  the  amendment  pro 
posed  by  him  is  incorporated.)  "  This  variation," 
he  adds,  "is  in  the  handwriting  of  J.  M.,  and  is 
recollected  to  have  been  brought  forward  by  him 
with  a  view,  more  particularly,  to  substitute  for 
the  idea  expressed  by  the  term  '  toleration,'  an 
' absolute  and  equal  right'  in  all  to  the  exer 
cise  of  religion  according  to  the  dictates  of  con 
science.  The  proposal  was  moulded  into  the 
last  article  in  the  Declaration  as  finally  estab- 

VOL.   I.  13 


146  LIFE  AND   TIMES   OF  MADISON. 

lished,  from  which  the  term  ( toleration'  is  ex 
cluded."  ' 

We  have  been  thus  minute  in  tracing  the  his 
tory  of  the  amendment  proposed  by  Mr.  Madison 
to  the  Declaration  of  Rights,  not  only  to  render 
the  tribute  due  to  the  early  wisdom  and  sagac 
ity  of  the  youthful  statesman,  but  because  the 
amendment  itself  forms  an  era  in  the  history  of 
American  liberty.  In  discarding  a  term  hitherto 
consecrated,  in  some  degree,  as  a  symbol  of  lib 
erty,  but  intrinsically  fallacious,  and  fraught  with 
dangerous  implications,  it  erected  a  new  and 
loftier  platform  for  the  fabric  of  religious  free 
dom.  It  planted,  at  the  same  time,  the  germ  of 
all  those  measures  which  were  afterwards  pur 
sued,  and  finally  consummated  mainly,  as  we 
shall  see,  through  his  agency,  for  removing  every 
civil  distinction, — privileges  on  the  one  hand,  or 
disabilities  on  the  other, — founded  on  religious 
opinion,  and  covering  the  rights  of  conscience 
under  the  broadest  possible  shield  of  legislative 
protection. 

The  fundamental  principles  of  free  government 
being  thus  agreed  upbn,  the  next  thing  was  to 
embody  them  in  a  practical  and  organized  plan 
of  government.  To  the  same  co'mmittee  which 
had  been  charged  with  the  preparation  of  the 
Declaration  of  Rights,  was  confided  also,  as  we 

1  In  the  Appendix  B  will  be  by  the  select  committee,  and  the 

found  the  Bill  of  Rights  in  its  three  form  in  which  it  was  adopted  by 

several  stages — the  original  draft  the  convention, 
of  Mr.  Mason,  the  version  reported 


PLANS  OF  CONSTITUTION  PROPOSED.    147 

have  seen,  the  framing  of  the  constitution,  or 
plan  of  government.  Of  what  passed  in  the  in 
terior  deliberations  of  the  committee  we  have 
but  little  knowledge.  Patrick  Henry,  who  was 
a  member  of  it,  writing  to  Mr.  John  Adams  on 
the  20th  of  May,  five  days  after  the  appoint 
ment  of  the  committee,  says :  "  Our  convention 
is  now  employed  in  the  great  work  of  forming 
a  constitution.  My  most  esteemed  republican 
plan  has  many  and  powerful  enemies." 

He  then  comments  with  no  small  severity  upon 
the  projet  of  a  constitution,  (the  same  to  which 
we  have  already  referred.)  which  had  just  been 
published  under  the  auspices  of  Mr.  Braxton, 
one  of  the  delegates  of  Virginia  in  Congress, 
and  of  which  that  gentleman  was  supposed  to 
be  the  author.  It  proposed  a  triennial  house 
of  representatives,  a  council  for  life,  and  a  gov 
ernor  during  good  behaviour,  (to  be  chosen  by 
the  house  of  representatives,)  and  having  the 
power  of  appointment  to  the  most  important 
public  offices.  It  was  framed  with  the  nearest 
possible  approximation  to  the  aristocratical  and 
monarchical  features  of  the  British  model,  on 
which  the  writer  pronounced  the  highest  eulo- 
gium. 

That  such  a  proposal  should  have  revolted 
the  republican  sentiments  of  Mr.  Henry,  is  not 
at  all  surprising.  We  cannot,  however,  avoid 
being  surprised  wrhen,  recurring  to  the  difficulty 
and  importance  of  the  work  devolving  on  the 


148  LIFE   AND  TIMES    OF  MADISON. 

convention,  he  adds:  "I  cannot  count  upon  one 
coadjutor  of  talents  equal  to  the  task.  Would 
to  God  that  you  and  your  Sam  Adams  were 
here ! "  At  the  time  of  inditing  these  lines,  Mr. 
Henry  probably  had  at  his  side,  in  his  committee- 
room,  colleagues  who,  if  inferior  in  learning  to 
his  correspondent,  were  in  depth  of  wisdom  and 
true  statesmanship  far  his  superiors;  and  one  of 
them,  George  Mason,  was  well  known  to  Mr. 
Henry. 

Mr.  Adams  had  communicated  to  Mr.  Henry 
a  small  tract,  prepared  at  the  instance  of  Mr. 
Wythe  and  Richard  Henry  Lee,  containing  his 
"Thoughts  on  Government,"  and  the  outline  of 
such  a  constitution  as  he  would  recommend. 
The  outline  proposed  a  representative  assembly 
to  be  annually  chosen  by  those  who  owned  a 
certain  quantity  of  land ;  and  that  this  assembly 
should  annually  choose  out  of  its  own  body,  or 
the  community  at  large,  twenty  or  thirty  persons 
to  form  a  council,  which  should  constitute  a  dis 
tinct  and  coequal  branch  of  the  legislature  with 
itself;  and  that  these  two  should,  by  joint  ballot, 
annually  elect  a  governor,  who  was  to  have  a 
negative  upon  the  laws,  and  also  the  power,  with 
the  advice  of  a  privy  council,  of  appointing  to 
all  the  offices  of  state.  Without  subjecting  this 
scheme,  of  which  Mr.  Henry  expressed  his  hearty 
approbation,  to  any  formal  criticism,  it  is  obvious 
to  remark  that,  attaching  as  Mr.  Adams  did  the 
highest  possible  importance  to  the  separation  of 


FIRST  DRAUGHT  OF   CONSTITUTION.          149 

the  legislative  department  into  two  distinct  and 
independent  branches,  which  he  pronounced  to 
be  the  vital  and  indispensable  condition  of  a  free 
government,  it  is  a  somewhat  crude,  if  not  con 
tradictory  provision  in  his  plan  which  gives  the 
annual  and  absolute  election  of  one  branch  to 
the  other. 

The  only  surviving  trace  we  have  of  the  de 
liberations  of  the  select  committee,  upon  the  plan 
of  government  they  were  charged  with  prepar 
ing,  is  a  printed  copy  among  Mr.  Madison's 
papers,  of  a  plan  which  appears  from  a  note  in 
his  handwriting,  to  have  been  "  laid  before  that 
committee,  and  by  them  ordered  to  be  printed 
for  the  perusal  of  the  members  of  the  House." 
This  plan  provides  that  the  legislative  depart 
ment  be  formed  of  two  distinct  branches,  one 
to  be  called  the  lower  house  of  assembly,  to 
consist  of  two  members  for  each  county,  chosen 
annually  by  the  qualified  voters ;  the  other  the 
upper  house,  to  consist  of  twenty-four  members, 
to  be  chosen  for  four  years  by  an  intermediate 
body  of  deputies  elected  by  the  people  in  the 
respective  districts,  and  the  members  to  be  so 
arranged  into  classes  that  one  fourth  of  the 
number  shall  go  out  at  the  end  of  every  year, 
and  be  then  ineligible  for  four  years.  The  right 
of  suffrage  is  limited,  in  the  first  instance,  to 
freeholders  possessing  a  certain  estate  of  inher 
itance,  but  accompanied  with  a  provision  that  it 
be  extended,  in  future,  to  leaseholders  for  a 

13* 


150  LIFE   AND   TIMES   OF  MADISON. 

term  of  seven  years  at  least,  and  to  housekeep 
ers,  being  fathers  of  three  children  in  the  coun- 
try. 

The  governor  or  chief  magistrate,  it  provides, 
shall  be  chosen  annually  by  joint  ballot  of  the 
two  houses,  not  to  continue  in  office  longer 
than  three  years  successively,  and  then  to  be 
ineligible  for  the  next  four  years.  He  is  to 
exercise  the  executive  powers  of  government  in 
general,  with  the  advice  of  a  council  of  state, 
and  with  the  like  advice,  to  appoint  justices  of 
the  peace  and  officers  of  the  militia,  and  to 
commission  clerks,  sheriffs,  and  coroners  upon 
the  nomination  of  the  respective  courts.  The 
council  of  state  shall  consist  of  eight  members 
to  be  chosen  by  joint  ballot  of  the  two  houses, 
and  two  of  the  members  to  be  removed  'by 
vote  of  their  own  board  at  the  end  of  every 
three  years,  and  to  be  then  ineligible  for  the 
next  three  years.  The  judges  of  common  law, 
chancery,  and  admiralty,  and  the  attorney-gen 
eral,  shall  be  chosen  by  joint  ballot  of  the  two 
houses,  and  continue  in  office  during  good  be 
haviour,  and  the  treasurer  be  chosen  annually 
in  the  same  mode. 

Such  is  the  outline  of  the  plan  submitted  to 
the  select  committee  and  ordered  by  them  to 
be  printed,  as  we  find  it  among  the  papers  of 
Mr.  Madison.  How  far  and  in  what  respects  it 
was  modified  by  the  select  committee  in  their 
report  to  the  convention,  we  are  without  the 


REPORT   OF   COMMITTEE. 


151 


means  of  ascertaining,  as  no  copy  of  that  report 
can  now  be  found.1  It  was  on  the  24th  of 
June  that  the  select  committee  reported  the 
plan  as  agreed  to  by  them  to  the  convention. 
On  the  26th,  27th,  and  28th  of  June,  it  was 
under  the  consideration  of  the  convention  in 
committee  of  the  whole.  On  the  last  of  these 
days,  it  was  reported  from  the  committee  of  the 
whole  to  the  convention,  with  amendments,  and 
the  plan,  together  with  the  amendments,  ordered 


1  A  copy  of  the  printed  paper 
originally  laid  before  the  select 
committee,  and  obtained  probably 
from  Mr.  Madison,  was  published 
near  thirty  years  ago  in  the  "  Lit 
erary  Museum  "  of  the  University 
of  Virginia,  (See  No.  of  23d  of 
September,  1829.)  It  is  there 
published  under  the  title  of  "  A 
plan  of  government  laid  before 
the  committee  of  the  house,  which 
they  have  ordered  to  be  printed 
for  the  perusal  of  the  members  ; " 
which  might,  naturally  enough, 
lead  to  the  inference  that  it  was 
the  plan  reported  by  the  select 
committee  to  the  convention,  re 
ferred  to  the  committee  of  the 
whole  house  and  by  them  ordered 
to  be  printed;  and  as  such,  it  is 
•  commented  upon  by  the  editors  of 
the  Museum.  Mr.  Madison,  how 
ever,  has  with  the  pen  corrected 
this  title  in  the  copy  remaining 
among  his  papers,  so  as  to  make  it 
read,  according  to  the  citation  in 
the  text,  "  A  plan  of  government 
laid  before  the  committee  appoint' 


ed  for  that  purpose,  which  they 
have  ordered  to  be  printed  for  the 
perusal  of  the  members  of  the 
house."  This  reading  evidently 
excludes,  as  it  was  intended  to  do, 
the  supposition  that  the  printed 
paper  was  the  report  made  by 
the  select  committee  to  the  con 
vention,  and  referred  to  the  com 
mittee  of  the  whole.  The  journal 
of  the  convention  shows  there  was 
no  order  for  the  printing  of  the 
report  of  the  select  committee  of  a 
plan  of  government,  as  there  was 
in  the  case  of  the  Declaration  of 
Rights.  The  editors  of  the  Mu 
seum  are  also  mistaken  in  saying 
that  this  paper  which  they  call  a 
Report,  (considering  it  as  the  re 
port  of  the  select  committee  to  the 
convention,)  is  dated  June  24, 
1 7  76.  That,  according  to  the  jour 
nal  of  the  convention,  was  the  day 
when  the  select  committee  made 
their  report  to  the  convention. 
But  the  paper  referred  to  is  with 
out  any  date  whatever. 


152  LIFE  AND  TIMES   OF  MADISON. 

to  be  transcribed  and  read  a  third  time.  On 
tbe  29th  of  the  month,  the  plan  of  government 
so  transcribed  was  read  the  third  time  and  unan 
imously  adopted. 

On  comparing  the  constitution,  as  adopted, 
with  the  plan  submitted  to  the  committee,  we 
recognize  a  pervading  likeness  in  their  general 
features,  and  yet  material  variations  in  particu 
lar  provisions.1  The  most  striking  of  these  vari 
ations  is  in  the  manner  of  electing  the  senate, 
substituting  a  direct  for  an  intermediate  elec 
tion — in  the  periodical  removal  of  two  members 
of  the  privy  council  by  a  vote  of  the  houses 
of  assembly,  instead  of  their  own  board — a 
more  jealous  limitation  of  the  powers  of  the 
governor — and  a  precise  and  permanent  defini 
tion  of  the  right  of  suffrage  by  reference  to  the 
existing  law,  which  made  it  consist  in  the  pos 
session  of  a  freehold  estate  in  twenty-five  acres 
of  improved,  or  a  hundred  of  unimproved,  land. 
There  were  a  few  additional  articles,  not  found 
in  the  original  plan,  among  which  the  most  no 
ticeable,  perhaps,  is  the  disqualification  of  all 
persons  holding  lucrative  offices,  and  all  minis 
ters  of  the  gospel  of  every  denomination,  to  be 
members  of  either  house  of  the  assembly  or  of 
the  privy  council.2 

1  To  facilitate   a  more  minute  2  The  article  of  the  adopted  con- 

and  satisfactory  comparison  of  the  stitution,  which  excludes  ministers 

two  instruments,  they  will  both  be  of  the  gospel  from  political  station, 

found  in  the  Appendix,  C.  has  been  the  subject  of  criticism 


VIRGINIA  CONSTlTLxION  OF  1776.  153 

In  looking  back  to  the  Virginia  constitution 
of  1776,  with  all  the  lights  which  the  interme 
diate  experience  of  eighty  years  has  shed  on 
the  science  of  popular  government,  we  cannot 
but  be  struck  with  the  reach  of  practical  wis 
dom  and  sagacious  statesmanship  exhibited  in 
its  construction.  It  was  a  system  which,  while 
resting  on  the  general  principle  of  the  sover 
eignty  of  the  people  and  equal  rights,  was  so 
organized  as  to  combine  justice  and  moderation 
with  power,  and  to  erect  barriers  against  every 
species  of  arbitrary  authority,  whether  of  one, 
the  few,  or  the  many.  It  set  limits  even  to 
the  sovereignty  of  the  people  itself  by  declaring 
that  there  are  certain  inherent,  individual  rights 
which  no  human  power  can  lawfully  invade ; 
and  in  the  ordinary  and  regular  action  of  the 
constituted  authorities,  it  provided  the  most  effi 
cient  security  against  abuse,  not  merely  by  di 
viding  the  whole  government  into  separate  and 
distinct  departments  according  to  the  nature  of 

by  speculative  writers,  particularly  it  seems  indispensable  to  carry  out, 

Turgot  in  his  celebrated  letter  to  in   practice,  the   great   and  vital 

Dr.  Price  on  the  American  consti-  problem  of  the  separation  of  Church 

tutions.     Mr.  Madison  even,  in  a  and  State.     Experience  has  fully 

letter  addressed  by  him  in   1788  vindicated  the  wisdom  of  the  pro- 

to  Mr.  John  Brown,  one  of  the  vision  in  preserving  the  purity  and 

first  senators  of  Kentucky  in  the  respect  of  the   sacred  office ;    in 

Congress    of   the   United    States,  most  striking  contrast  with  its  des- 

takes  exception  to  it  as  an  appar-  ecration  by  worldly  passions  and 

ent  departure  from  the  principle  contentions,  wherever  the  political 

which  condemns  all  civil  disabili-  arena  has  been  thrown  open   to 

ties  and  incapacitations  on  account  clerical  champions. 
of  religion.     On  the  other  hand, 


154  LIFE  AND  TIMES   OF  MADISON. 

their  respective  functions,  but  by  dividing  each 
department  into  branches,  whose  concurrence 
should  be  necessary  to  utter  the  deliberate  sense 
of  that  particular  organ  of  the  public  will.  The 
department,  whose  great  province  it  is,  in  the 
administration  of  justice,  not  only  to  protect 
private  right  and  punish,  public  wrong,  but  to 
maintain  the  balance  of  the  constitution  itself 
by  passing  upon  the  validity  of  the  acts  of  the 
other  departments,  was  endowed  with  the  firm 
ness  and  independence  necessary  for  the  proper 
discharge  of  its  high  functions  by  the  tenure 
of  good  behaviour  alone. 

While  every  department  of  the  government 
was  derived,  directly  or  indirectly,  from  a  popu 
lar  origin,  the  right  of  suffrage  was  exercised 
by  those  who,  by  a  fixed  ownership,  however 
small,  in  the  soil  of  the  country,  were  attached 
by  "a  permanent  common  interest"  to  the  so 
ciety,  whose  destinies  they  controlled.  Nor  was 
this  great  and  naturally  virtuous  body  of  elec 
tors, — the  middle  classes  of  society,  removed  alike 
from  the  temptations  of  riches  or  poverty, — 
called  upon  to  fill,  by  their  own  immediate 
choice,  all  the  various  grades  of  public  magis 
tracy.  After  the  election  of  their  representa 
tives  in  the  legislative  department,  upon  which 
mainly  devolved  the  guardianship  of  the  public 
interests,  it  was  thought  that  the  choice  of  most 
of  the  other  public  functionaries,  whether  local 
or  general,  might  safely  and  wisely,  and  greatly 


MAXIMS   OF  POPULAR  GOVERNMENT.         155 

to  the  relief  of  the  people  themselves,  be  left 
to  intermediate  agencies  created  by  their  will 
and  possessing  their  confidence. 

He  is  no  true  friend  of  popular  government 
or  popular  liberty  who  is  for  calling  the  sover 
eign  power  of  the  people  into  action  for  every 
occasion,  whether  great  or  small,  and  thus  dis 
turbing  that  calm,  deliberate,  and  impartial  re 
vision,  at  stated  times,  of  the  conduct  of  public 
servants,  which  is  the  highest  and  most  essential 
attribute  of  popular  sovereignty,  as  it  is  the 
best  preservative  of  freedom.  The  necessary 
consequence  of  so  frequent  and  teasing  a  recur 
rence  to  the  popular  suffrage  is  to  weary  and 
disgust  the  people  with  its  exercise,  and  to  en 
slave  them  to  the  habitual  guidance  of  party 
leaders  and  managers,  who  cover,  and  hardly 
cover,  their  own  interested  and  selfish  ends  un 
der  a  pretence  of  public  zeal.1 

1  The  following  reflections  of  a  to  act  in  their  own  persons,  it  is 

most  able  and  profound  political  impossible  for  them  to  acquire  any 

writer  who,  being  the  native  of  a  exact  knowledge  of  the  state  of 

Republic,  (Geneva,)  had  the  am-  things.  The  event  of  one  day 

plest  opportunities  of  becoming  effaces  the  notions  which  they  had 

practically  acquainted  with  the  begun  to  adopt  on  the  preceding 

subject  of  which  he  treats,  deserve  day  ;  and  amidst  the  continual 

to  be  constantly  present  to  the  change  of  things,  no  settled  prin- 

minds  of  all  true  friends  of  popu-  ciple,  and  above  all,  no  plans  of 

lar  government.  union,  have  time  to  be  established 

"  Here,  also,  we  must  remark  among  them.  You  wish  to  have 

the  error  of  those  who,  as  they  the  people  love  and  defend  their 

make  the  liberty  of  the  people  laws  and  liberty ; — leave  them, 

consist  in  their  power,  so  make  therefore,  the  necessary  time  to 

their  power  consist  in  their  action,  know  what  laws  and  liberty  are, 

When  the  people  are  often  called  and  to  agree  in  their  opinion  con- 


156 


LIFE  AND  TIMES   OF  MADISON. 


The  men  who  framed  the  constitution  of  1776 
were  men  versed  in  the  history  of  popular  gov 
ernments,  as  well  as  profoundly  conversant  with 
the  principles  of  human  nature,  and  the  charac 
ter,  circumstances,  and  genius  of  the  people  for 
whom  they  acted.  They  had  studied  the  ancient 
democracies,  and  knew  well  the  vices  and  infirm 
ities  by  which  they  were  led  to  the  worst  of 
tyrannies.  They  had  no  design  of  adding  an 
other  to  the  list  of  these  disastrous  and  discred 
ited  experiments.  Their  purpose  was  to  found, 
not  a  democracy  upon  the  ancient  model,  but  a 
republic,1  in  which  the  people  exercised  their 


cerning  them.  You  wish  an  union, 
a  coalition,  which  cannot  be  ob 
tained  but  by  a  slow  and  peacea 
ble  process; — forbear,  therefore, 
continually  to  shake  the  vessel. 

"  When  the  people  are  too  fre 
quently  called  to  move,  each  indi 
vidual  is  obliged,  for  the  success, 
of  the  measures  in  which  he  is 
then  made  to  take  a  concern,  to 
join  himself  to  some  party ;  nor 
can  this  party  be  without  a  head. 
The  citizens  thus  grow  divided 
among  themselves,  and  contract 
the  pernicious  habit  of  submitting 
to  leaders.  They  are,  at  length, 
no  more  than  the  clients  of  a  cer 
tain  number  of  patrons."  De 
Lolme  on  the  Constitution  of  Eng 
land,  book  ii.  chap.  14. 

1  Aristotle,  who,  of  all  writers 
ancient  or  modern,  has  given  most 
attention  to  the  various  modifi 
cations  of  which  government  is 
susceptible,  having  studied  and 


described,  in  a  work  now  lost,  the 
constitutions  of  one  hundred  and 
fifty  different  States  of  Greece  and 
her  colonies,  considered  democracy 
not  a  regular  and  legitimate  form, 
but  a  corruption,  of  popular  gov 
ernment.  The  genuine  form  of  a 
government,  founded  on  free,  pop 
ular  principles,  in  his  view,  was  a 
balanced  republic,  acknowledging 
the  supremacy  of  law  and  aiming 
at  the  common  good  of  all  classes, 
including  minorities,  as  well  as 
majorities.  It  was  this  which  he 
distinguished  particularly  by  the 
name  of  Tlofareia,  or  a  free  State  ; 
and  the  corruption  of  it  he  called 
a  democracy,  between  which  and 
a  tyranny  he  traced  a  close  resem 
blance.  See  his  Politics,  book  in. 
chap.  7,  and  book  iv.  chap.  2 
and  4. 

It  was  not  without  a  knowledge 
of  this  important  distinction  that 
the  able  and  wise  men,  who  form- 


REPUBLIC  AND  DEMOCRACY.  157 

rightful  power  through  delegated  and  responsible 
agencies;  to  each  of  which  was  marked  out  its 
proper  province  of  action  by  the  constitution, 
the  supreme  law,  binding  both  upon  the  people 
and  their  agents,  until  changed  by  a  like  solemn 
and  authentic  act  of  the  public  will. 

In  this  republican  form  of  polity,  contradis 
tinguished  from  democracy,  the  authors  of  the 
constitution  of  1776  saw  the  highest  guarantee, 
not  only  for  the  public  order  and  happiness,  but 
for  popular  liberty  itself.  The  distinction  has 
been  fearfully  but  most  instructively  illustrated 
by  the  democratic  experiments  which,  since  their 
day,  have  been  added  to  the  lessons  of  history, 
in  that  fruitful  but  sanguinary  hotrbed  of  polit 
ical  theories  and  revolutions, — France.  The  pres 
ent  imperial  ruler  of  that  country  has  said, 
u  France  is  democratic,  not  republican.  By  de 
mocracy,  I  mean  the  government  of  an  individ 
ual  by  the  will  of  all, — by  a  republic,  I  mean 
the  government  of  a  number,  in  obedience  to  a 
certain  system."  l 


ed  the  constitution  of  the  United  man  and  the  scholar  were  so  ad- 
States,  provided  in  that  instrument  mirably  blended.  See  his  Works, 
for  the  guarantee  of  a  "  republi-  vol.  I.  pp.  364-442. 
can "  form  of  government  to  each  1  These  aphorisms,  the  result 
State  of  the  Union.  of  much  thought  and  deliberation, 
The  subject  of  the  Grecian  de-  were  delivered  by  Louis  Napoleon 
mocracies,  and  of  democracy  in  in  a  conversation  with  Colonel 
general,  has  been  most  ably  treated  Vaudrey,  recorded  in  the  preface 
in  a  paper  of  the  late  Hugh  S.  to  the  English  edition  of  his  Idees 
Legare,  attorney-general  of  the  Napoleoniennes.  They  are  sub- 
United  States,  in  whom  the  states-  stantially  repeated  in  the  body  of 
VOL.  I.  14 


158  LIFE   AND   TIMES   OF  MADISON. 

There  cannot  be  a  more  striking  proof  of  the 
real  merits  and  essential  wisdom  of  the  constitu 
tion  of  1776  than  that,  in  an  age  of  change  and 
revolution,  it  firmly  maintained  its  ground,  for  a 
period  of  fifty-four  years,  against  the  persevering 
assaults  of  a  host  of  critics  and  theorists,  sus 
tained  by  the  authority  of  some  of  the  highest 
names  in  the  State ;  and,  when  at  last  it  was 
superseded  by  a  new  experiment,  which  in  its 
turn  has  given  place  to  another,  that  there  is 
hardly  now  a  thinking  man  of  any  party  in 
Virginia  who  would  not  gladly  exchange  the 
modern  structure  and  all  its  imagined  improve 
ments  for  the  ancient  constitution  just  as  it  was, 
with  only  a  necessary  readjustment  of  the  rep 
resentation  to  the  changes  which  have  taken 
place  in  the  local  distribution  of  the  population. 
"  Government,"  our  wise  ancestors  thought  with 
Burke,  "  was  a  practical  thing,  made  for  the  hap 
piness  of  mankind,  and  not  to  furnish  out  a 
spectacle  t)f  uniformity  to  gratify  the  schemes  of 
visionary  politicians."  1 

To  what  *  leading  character  in  the  convention 
we  were  mainly  indebted  for  a  work  of  so  much 
practical  wisdom,  is  an  inquiry  naturally  prompted 

that  work,  and  especially  in  the  parte,   vol.   i.   pp.    202,  203,  and 

passage  where  he  says,—"  La  na-  note,  and  pp.  222,  223. 

ture  de  la  democratic   est  de  se  1  Burke's  Letter  to  the  Sheriffs 

personnifier   dans    im    homme;"  of  Bristol  in  1777,  on  the  Affairs 

the  nature  of  democracy  is  to  per-  of  America,— abounding  in  lessons 

sonify  itself   in    one  man.      See  of  political  wisdom. 

(Euvres  de  Louis  Napoleon  Bona- 


ORIGIN   OF   FIRST  DRAUGHT.  159 

by  a  sentiment  of  filial  respect  for  our  ancestors, 
as  well  as  by  the  search  of  historic  truth  in 
whatever  relates  to  an  event  so  important.  The 
belief  has  been  hitherto  almost  universal  that 
the  first  draught  of  the  constitution  of  1776 
was  from  the  same  able  and  luminous  pen  which 
produced  the  Declaration  of  Eights.  The  papers 
of  Mr.  Madison,  without  authoritatively  settling 
the  question,  furnish  some  materials  of  specula 
tion  and  conjecture,  which  it  would  not  be  proper 
to  overlook.  In  the  evening  of  his  life,  and 
amid  the  leisure  of  his  philosophical  retirement, 
he  seems  to  have  turned,  with  lively  interest,  to 
the  reminiscences  of  this  the  opening  scene  of 
his  public  career  and  associations.  In  a  paper,  in 
which  he  retraces  the  proceedings  of  the  Vir 
ginia  convention  in  relation  to  independence  and 
the  formation  of  a  State  constitution,  he  embod 
ies  a  copy  of  the  first  draught  of  the  constitution, 
the  outlines  of  which  we  have  given  above;  and 
subjoins  to  it  the  following  note  : —  • 

"  It  is  not  known  with  certainty  from  whom 
this  first  draught  of  a  plan  of  government  pro 
ceeded.  There  is  a  faint  tradition  that  Meri- 
wether  Smith  spoke  of  it  as  originating  with 
him.  What  is  remembered  by  J.  M.  is  that 
George  Mason  was  the  most  prominent  member 
in  discussing  and  developing  the  constitution  in 
its  passage  through  the  convention.  The  pream 
ble  is  known  to  have  been  furnished  by  Thomas 
Jefferson." 


160  LIFE   AND    TIMES   OF  MADISON. 

At  a  period  probably  subsequent  to  this  note, 
which  is  without  date,  one  of  the  grandsons  of 
Colonel  Mason,  desiring  to  prepare  a  biographical 
memoir  of  his  illustrious  ancestor,  applied  to  Mr. 
Madison  for  the  aid  of  his  personal  recollections. 
From  Mr.  Madison's  answer,  dated  the  29th  of 
December,  1827,  we  give  the  following  extract, 
which,  while  recounting  (with  his  habitual  mod 
esty  as  to  himself)  the  distinguished  part  borne 
by  Colonel  Mason  in  all  the  labors  of  the  con 
vention  of  1776,  has  a  particular  bearing  on  the 
question  we  are  now  considering : — 

66  The  biographical  tribute  you  meditate  is 
justly  due  to  the  merits  of  your  ancestor, 
Colonel  George  Mason.  It  is  to  be  regretted 
that,  highly  distinguished  as  he  was,  the  memo 
rials  of  them  on  record,  or  perhaps  otherwise 
attainable,  are  more  scanty,  than  of  many  of  his 
contemporaries  far  inferior  to  him  in  intellectual 
powers  and  public  services.  It  would  afford  me 
a  pleasure  to  be  a  tributary  to  your  undertaking. 
But  although  I  had  the  advantage  of  being  on 
the  list  of  his  personal  friends,  and,  in  several 
instances,  of  being  associated  with  him  in  public 
life,  I  can  add  little  for  the  pages  of  your 
work. 

"  My  first  acquaintance  with  him  was  in  the 
convention  of  Virginia  in  1776,  which  instructed 
her  delegates  to  propose  in  Congress  a  '  Declara 
tion  of  Independence/  and  which  formed  the 
6  Declaration  of  Eights/  and  the  ( Constitution ' 


RECOLLECTIONS   OF  MR.  MADISON. 


for  the  State.  Being  young  and  inexperienced, 
I  had,  of  course,  but  little  agency  in  those  pro 
ceedings.  I  retain,  however,  a  perfect  impression 
that  he  was  a  leading  champion  for  the  Instruc 
tion  ;  that  he  was  the  author  of  the  '  Declara 
tion/  as  originally  drawn,  and,  with  very  slight 
variations,  adopted ;  and  that  he  was  the  master- 
builder  of  the  constitution,  and  its  main  expos 
itor  and  supporter  throughout  the  discussions 
which  ended  in  its  establishment.  How  far  he 
may  have  approved  it,  in  all  its  features  as 
established,  I  am  not  able  to  say;  and  it  is  the 
more  difficult  to  make  the  discovery  now,  unless 
the  private  papers  left  by  him  should  give  the 
information,  as,  at  that  day,  no  debates  were 
taken  down,  and  as  the  explanatory  votes,  if 
there  were  such,  may  have  occurred  in  commit 
tee  of  the  whole  only,  and  of  course,  not  appear 
in  the  journals.  I  have  found,  among  my  papers, 
a  printed  copy  of  the  constitution  in  one  of 
its  stages,  which,  compared  with  the  instrument 
finally  agreed  to,  shows  some  of  the  changes  it 
underwent ;  but  in  no  instance,  at  whose  sug 
gestion  or  by  whose  votes. 

"  I  have  also  a  printed  copy  of  a  sketched 
constitution  which  appears  to  have  been  the 
primitive  draught  on  the  subject.  It  is  so  dif 
ferent,  in  several  respects,  from  the  constitution 
finally  passed,  that  it  may  be  more  than  doubted 
whether  it  was  irom  the  pen  of  your  grand 
father.  There  is  a  tradition  that  it  was  from 
u* 


162 


LIFE   AND  TIMES   OF  MADISON. 


that  of  Meriwether  Smith;  whose  surviving  pa 
pers,  if  to  be  found  among  his  descendants, 
might  throw  light  on  the  question.  I  ought  to 
be  less  at  a  loss  than  I  am  in  speaking  of  these 
circumstances,  having  been  myself  an  added 
member  to  the  committee.  But  such  has  been 
the  lapse  of  time  that,  without  any  notes  of  what 
passed,  and  with  the  many  intervening  scenes 
absorbing  my  attention,  my  memory  cannot  do 
justice  to  my  wishes.  Your  grandfather,  as  the 
journal  shows,  was,  at  a  later  day,  added  to  the 
committee,  being,  doubtless,  not  present  when  it 
was  appointed,  as  he  never  would  have  been 
overlooked." l 


1  Though  not  relating  to  the 
particular  subject  discussed  in  the 
text,  we  cannot  forbear  adding 
here  two  other  paragraphs  of  this 
letter  of  Mr.  Madison,  in  order  to 
complete  his  view  of  the  distin 
guished  character  of  Col.  Mason ; 
and  also  to  show  that,  notwith 
standing  the  wide  difference  of 
opinion  which  afterwards  arose 
between  them  in  regard  to  the 
constitution  of  the  United  States, 
and  which  may  have  somewhat 
chilled  their  personal  relations  at 
the  time,  it  did  not  affect,  in 
the  slightest  degree,  the  generous 
award  of  a  noble  and  elevated 
sense  of  justice. 

"  The  public  situation,"  Mr. 
Madison  proceeds  to  say  in  the 
letter  cited  above,  "  in  which  I 
had  the  best  opportunity  of  being 
acquainted  with  the  genius,  the 


opinions,  and  the  public  labors  of 
Col.  Mason,  was  that  of  our  co- 
service  in  the  convention  of  1787, 
which  formed  the  constitution  of 
the  United  States.  The  objections 
which  led  him  to  withhold  his  name 
from  it  have  been  explained  by 
himself.  But  none  who  differed 
from  him  on  some  points  will  deny 
that  he  sustained,  throughout  the 
proceedings  of  the  body,  the  high 
character  of  a  powerful  reasoner, 
a  profound  statesman,  and  a  de 
voted  republican. 

"  My  private  intercourse  with 
him  was  chiefly  on  occasional 
visits  to  Gunston,  when  journey 
ing  to  and  from  the  North,  in 
which  his  conversations  were  al 
ways  a  feast  to  me.  But  though 
in  a  hib!-.  degree  such,  my  recol 
lection,  after  so  long  an  interval, 
cannot  particularize  them  in  a 


QUESTION  CONSIDERED.  163 

The  variations  between  the  first  draught  of  the 
constitution  as  submitted  to  the  select  commit 
tee,  and  the  constitution  as  finally  adopted,  will 
probably  present  themselves  to  different  minds 
with  different  impressions  of  their  importance. 
Most  readers  will  perhaps  be  less  struck  with 
these  variations,  than  with  the  resemblance  of 
the  two  instruments  in  their  general  structure, 
and  the  coincidence  in  the  order  and  arrange 
ment  of  their  several  parts.  And  when  the  long 
prevalence  of  the  opinion  that  Colonel  Mason  was 
the  author  of  the  first  draught  of  the  constitution, 
as  well  as  its  leading  champion  and  supporter  in 
the  form  in  which  it  was  adopted,  is  considered, 
the  public  mind  will  be  naturally  slow  to  admit 
now  a  different  hypothesis.1  If  the  author  of  the 

form  adapted  to  biographical  use.  It  is  proper,  however,  to  add  that 

I  hope  others  of  his  friends  still  to  a  copy  of  this  last  letter  among 

living,  who   enjoyed  more  of  his  Mr.  Madison's  papers  is  subjoined 

society,  will   be  able  to  do  more  a  note,  under  date  of  July,  1826, 

justice  to  the  fund  of  instructive  referring  to  the  paper  quoted  in 

observations   and   interesting   an-  the  text   as  containing   a  "  more 

ecdotes  for   which    he   was   cele-  recollected  view  of  the  matter." 
brated."  For  those  who  may  be  curious 

1  Mr.  Madison's  own  impression,  to  pursue  this  inquiry,  there  is  one 

at  an  earlier  period,  seems  to  have  circumstance  which,  though  small 

been  that  the  first  draught  of  the  in  itself,  is  not  unworthy  of  consid- 

constitution  was  by    Col.   Mason,  eration.   In  the  long  disputed  ques- 

See  his  letter  to  Gen.  Washington  tion  of  the  authorship  of  the  Icon 

of  the  1 8th  of  October,  1787,  where  Basilike,  or  the  still  disputed  one 

he  incidentally  speaks  of  the  con-  of  the  Letters  of  Junius,  it  might 

stitution  of  Virginia  as  having  been  have  been  deemed  of  weight  suffi- 

drawn  by  Col.  Mason,  (Sparks's  cient  to  turn  the  scale.  In  the  first 

/Wash.  vol.  ix.  pp.  547-549,)  and  draught  of  the  constitution  ofVir- 

also  his  letter  to  Judge  Woodward  ginia,the  word  "  judicative  "  is  used 

of  the  llth  of  September,   1824.  instead  of  judicial,  in  speaking  of 


164 


LIFE   AND  TIMES   OF  MADISON. 


primitive  draught,  and  the  "  master-builder  of  the 
constitution,  and  its  main  expositor  and  supporter," 
as  Mr.  Madison  says  Colonel  Mason  was,  should 
have  been  different  persons,  while  to  the  first 
we  must  accord  a  just  share  of  praise  for  con 
ception  and  combination,  he  who  perfected  and 
finished  the  plan,  and,  by  the  concurring  testi- 


the  three  great  departments  of  gov 
ernment.  In  the  first  draught  of 
the  Bill  of  Rights,  the  known  pro 
duction  of  George  Mason,  the  word 
judicial,  and  not  judicative,  is 
used  in  precisely  the  same  connec 
tion.  The  select  committee,  to 
which  Col.  Mason's  draught  of  the 
Bill  of  Rights  was  submitted,  re 
ported  a  version  of  it  differing  in 
several  particulars  from  his,  and 
dinong  other  alterations,  they  struck 
out  the  word  judicial,  and  substi 
tuted  judicative.  This  report,  there 
is  reason  to  believe,  was  drawn  by 
Meriwether  Smith. 

He  was  the  second  upon  the 
committee ;  and  the  chairman,  Col. 
Archibald  Gary,  is  not  likely  to 
have  drawn  it.  Moreover,  there 
is  a  letter  extant  of  George  Wil 
liam  Smith,  at  one  time  lieutenant- 
governor  of  Virginia,  and  son  of 
Meriwether  Smith,  in  which  he 
says  he  had  a  draught  of  the  Decla 
ration  of  Rights  in  the  handwriting 
of  his  father.  This  was,  in  all 
probability,  the  draught  reported 
by  the  select  committee,  in  which 
the  word  "judicative"  was  used 
for  judicial. 

The  same  characteristic  and  not 
happily  chosen  word  was,  as  we 


have  seen,  used  in  the  first  draught 
of  the  constitution  of  Virginia,  and 
would  seem  to  indicate  a  common 
origin  for  that  draught  and  the  al 
tered  draught  of  the  Bill  of  Rights 
as  reported  by  the  select  committee. 
If  Meriwether  Smith  was  the  au 
thor  of  the  one,  he  may  be  pre 
sumed  to  be  the  author  of  the  other. 
There  is  no  known  instance  in 
which  Col.  Mason  used  the  word 
judicative  for  judicial;  and  the 
convention,  in  acting  both  on  the 
constitution  and  the  Bill  of  Rights, 
adopted  judiciary  as  the  appropri 
ate  word.  It  may  also  be  remark 
ed,  in  addition  to  this  curious  piece 
of  presumptive  evidence,  that  Col. 
Mason,  in  his  most  admirable  let 
ter  of  the  2d  of  October,  1778,  to 
Col.  George  Mercer,  while  ex 
pressly  mentioning  that  the  Bill  of 
Rights  was  drawn  by  him,  speaks 
of  the  constitution  in  general 
terms,  as  an  instrument  by  which 
"  we  have  endeavoured  to  provide 
the  most  effectual  securities  for  the 
essential  rights  of  human  nature, 
in  civil  and  religious  liberty,"  with 
out  any  intimation  that  the  origi 
nal  draught  of  it  proceeded  from  his 
pen.  [See  this  letter  in  Virginia 
Historical  Register.] 


ABLE  MEN  OF  THE  CONVENTION.     165 

mony  of  all,  "bore  the  heat  and  burden  of  the 
day"  in  its  exposition  and  defence,  and  carried 
it  triumphantly  through  the  convention,  will,  in 
the  estimation  of  mankind,  have  achieved  by  far 
the  most  solid  and  lasting  claim  on  the  grati 
tude  of  his  country.  If  they  should  have  been 
one  and  the  same  person,  the  double  glory  is 
a  rich  and  overflowing  fund,  which  the  right 
ful  possessor  may  well  afford  to  divide  with 
able  and  meritorious  co-laborers  in  the  same 
cause. 

That  there  were  many  such  in  the  convention, 
we  need  only  to  look  over  the  list  of  members, 
and  to  recollect  the  length  of  time  (from  the  15th 
of  May  to  the  29th  of  June)  during  which  the 
subject  of  a  plan  of  government  was  under  con 
sideration,  either  in  committee  or  before  the 
whole  body,  to  be  entirely  satisfied.  Such  vet 
eran  statesmen  as  Eichard  Bland,  Edmund  Pen- 
clleton,  Patrick  Henry,  Eobert  Carter  Nicholas, 
Thomas  Ludwell  Lee,  Archibald  Cary,  not  to 
mention  others  whose  wisdom  and  capacity  were 
acknowledged  by  being  called  to  fill  some  of  the 
most  important  offices  under  the  new  govern 
ment,  could  not  have  been  idle  and  unassisting 
spectators,  when  so  great  a  work  was  in  hand 
as  laying  the  foundations  of  the  first  free  and 
balanced  republican  government,  without  privi 
lege  or  caste,  which  the  world  had  yet  seen. 
Richard  Henry  Lee  and  George  Wythe  also  re 
turned  from  their  duties  in  Congress  in  time  to 


166  LIFE   AND  TIMES   OF  MADISON. 

take  part  in  the  closing  deliberations  of  the  con 
vention  on  the  constitution. 

In  this  review  must  be  included  likewise  Mer- 
iwether  Smith,  to  whom  a  vague  tradition,  as 
we  have  seen,  has  ascribed  the  first  draught  of  the 
constitution.  Though  his  name  is  little  familiar 
to  the  present  generation,  he  was  undoubtedly 
a  man  of  mark  in  his  day,  as  is  sufficiently  atr 
tested  by  the  circumstance  of  his  being  named 
second  on  the  committee  appointed  to  prepare 
the  Declaration  of  Rights  and  a  plan  of  govern 
ment,  as  well  as  by  the  many  public  offices, — 
councillor  of  state,  delegate  to  the  Congress  of 
the  Confederation,  the  convention  of  Annapolis, 
and  the  ratifying  convention  of  Virginia  of  1788, 
and  member  of  the  legislature, — which  he  after 
wards  filled. 

Nor  can  we  suppose,  notwithstanding  the 
modest  self-disqualification  of  Mr.  Madison,  that, 
"young  and  inexperienced"  though  he  was,  his 
well-trained  mind,  and  those  of  his  two  youthful 
and  rising  colleagues,  Edmund  Randolph  and 
Henry  Tazewell,  were  not  earnestly  directed  to 
this  great  work ;  while  the  reserved  corps  of 
grave,  practical  men,  whose  business  was  not  so 
much  to  speak  as  to  think  and  act,  calmly 
watched  and  controlled  every  step  of  its  pro 
gress.  The  character,  thought,  wisdom,  and  patri 
otism  of  an  entire  generation  of  superior  men 
were  thus  stamped  and  moulded  into  the  consti 
tution  of  1776 ;  and  it  is  the  immortal  praise  of 


PATRICK  HENRY  ELECTED  GOVERNOR.   167 

George  Mason  to  have  been  the  acknowledged 
leader  of  such  an  assembly,  and  the  accredited 
exponent  and  champion  of  its  principles. 

Immediately  after  the   adoption  of  the  consti 
tution,   and   on   the    same    day,    the    convention 
proceeded  to  the   election  of  the    governor  and 
council,  upon  whom  the  executive  administration 
of  the    new   government   was    to    devolve.     Mr. 
Henry  was  chosen  governor;  and  from  his  letter 
of  acceptance  we  are  authorized  to  conclude  that 
the  constitution  just  adopted  fulfilled  entirely  his 
conception   of    that  "  most    esteemed    republican 
plan,"  which,  in  his  letter  to  Mr.  Adams,  he  said 
he  had  so  much  at  heart.     To  the  convention,  he 
says :  "  I  shall  enter  upon  the  duties  of  my  office, 
whenever    you,    gentlemen,   shall    be    pleased  to 
direct,  relying  upon  the  known  wisdom  and  vir 
tue  of  your  honorable  House  to  supply  my  de 
fects,  and  to  give  permanency  and  success  to  that 
system   of  government  which  you   have   formed, 
and  which  is  so  wisely  calculated  to  secure  equal 
liberty  and  to  advance  human  happiness."     After 
making   further    provisions    for    military   defence, 
and  providing  for  the  election  of  the  senatorial 
branch  of  the  new  legislature,  the  convention,  on 
the  5th  day  of  July,  adjourned  to  meet  in  Wil- 
liamsburg  on   the    first    Monday  in   October   fol 
lowing,  then  to  serve  as  a  House  of  Delegates,  in 
virtue  of  the  annual   election  of  April  last,  and, 
with  the   Senate,  form  the   General  Assembly  of 
the  Commonwealth  of  Virginia. 


CHAPTEK    VI. 

Military  Reverses  of  the  Second  Campaign  of  the  Revolutionary 
War  —  First  Session  of  the  new  Republican  Legislature  of  Vir 
ginia  —  Measures  for  extending  the  Benefits  of  Religious  Freedom 
—  Abolition  of  Entails  —  Provision  for  the  General  Revision  of  the 
Laws — "First  Acquaintance  of  Jefferson  and  Madison  —  Energetic 
Resolutions  of  the  Virginia  Legislature  for  the  Conduct  of  the 
War  —  The  Tide  of  Disaster  turned  by  the  Daring  and  Heroism 
of  Washington  at  Trenton  and  Princeton  —  Election  of  a  new 
Legislature  in  Virginia  —  Mr.  Madison  loses  his  Election  by  his 
Respect  for  the  Purity  of  the  Elective  Franchise  —  Chosen  by  the 
General  Assembly  to  be  a  Member  of  the  Council  of  State  —  Cor 
respondence  between  him  and  the  Rev.  Samuel  Stanhope  Smith  — 
Relations  with  Governor  Henry  —  Important  Agency  of  the  Gov 
ernor  and  Council  in  expediting  the  Levies  of  Troops  for  the 
General  Defence  —  Liberal  Spirit  manifested  by  Virginia  for  the 
Assistance  of  her  sister  States  —  Expedition  and  brilliant  Success 
of  George  Rogers  Clarke  under  the  Auspices  of  Virginia  —  British 
Ministry  induced  by  the  Capture  of  Burgoyne's  Army  to  seek 
Reconciliation  with  the  American  States  —  Proceedings  of  the 
Royal  Commissioners  in  America — Evacuation  of  Philadelphia, 
and  Battle  of  Monmouth  —  Treaty  of  Alliance  with  France  — 
Efforts  to  detach  America  from  it  —  Operations  against  the  South 
ern  States  —  Reduction  of  Georgia  —  Invasion  of  Virginia  —  Mr. 
Jefferson  Successor  to  Governor  Henry — Virginia  ratifies  Treaty 
of  Alliance  with  France  by  her  own  independent  Act  —  Negotia 
tions  with  Spain  —  Demands  made  by  that  Power  as  Conditions  of 


MILITARY  REVERSES.  169 

her  Cooperation  in  the  War  —  Resolutions  of  the  Legislature  of 
Virginia  with  Regard  to  the  Navigation  of  the  Mississippi  —  Her 
Remonstrance  to  Congress  on  the  Subject  of  the  Western  Territory 
—  Mr.  Madison  chosen  one  of  her  Delegates  in  the  Congress  of  the 
Confederation. 

ON  the  7th  day  of  October,  1776,  commenced 
in  Williamsburg,  under  the  auspices  of  the  new 
constitution,  the  first  session  of  the  independent 
Legislative  Assembly  of  Virginia.  A  remarkable 
and  providential  series  of  military  successes  had 
attended  the  first  year  of  the  contest  with  the 
armed  tyranny  of  the  mother  country.  The  able 
generalship  of  Washington  had  forced  the  British 
army  to  abandon  its  stronghold  at  Boston ;  an 
imposing  expedition  against  Charleston,  the  prin 
cipal  seaport  of  the  South,  under  the  command 
of  Sir  Henry  Clinton,  had  been  signally  re 
pulsed;  in  North  Carolina  and  Virginia,  discom 
fiture  had  everywhere  attended  the  arms  of  the 
enemy ;  and  from  the  latter  State,  the  infamous 
and  revengeful  Dunmore,  with  his  piratical  bands, 
had  been  at  last  driven  out  with  total  and  piti 
able  overthrow.  But  the  tide  of  fortune  now 
began  to  ebb ;  and  the  disastrous  battle  of  Long 
Island,  and  the  expulsion  of  the  American  army 
from  the  city  of  New  York  by  the  overwhelm 
ing  superiority  of  the  enemy's  forces  concentred 
there,  commenced  that  mournful  succession  of 
reverses  which  tried,  to  the  uttermost,  the  great 
soul  of  the  commander-in-chief,  and  called  for 

VOL.   I.  15 


170  LIFE   AND   TIMES   OF  MADISON. 

the  united  fortitude,  courage,  and  wisdom  of  all 
America. 

In  the  midst  of  these  circumstances  of  general 
anxiety,  the  new  republican  legislature  of  Vir 
ginia  entered  upon  their  labors.  Their  attention 
was  first  turned  to  certain  alterations  in  the  in 
ternal  and  domestic  policy  of  the  State,  which 
seemed  indispensable  to  place  it  in  harmony 
with  the  principles  of  the  new  government.  Of 
these,  the  most  urgent  was  some  measure  for 
the  equal  extension  of  the  benefits  of  religious 
freedom  to  every  class  of  citizens ;  and  to  this 
vital  reform  the  consideration  of  the  legislature 
was  earnestly  called  by  numerous  petitions.  An 
other  measure  which  the  republican  genius  of 
the  new  government  was  thought  urgently  to 
demand  was  the  abolition  of  the  system  of  en 
tails,  which,  by  locking  up  large  and  overgrown 
estates  in  a  prescribed  and  unalterable  succes 
sion,  beyond  the  power  of  alienation,  tended  to 
build  up  a  permanent  and  artificial  aristocracy 
in  the  country. 

In  these  measures,  Mr.  Jefferson,  who  had  re 
signed  his  seat  in  the  Continental  Congress  and 
was  now  a  member  of  the  House  of  Delegates 
for  the  county  of  Albemarle,  was  naturally  and 
properly  the  leader.  His  generous  sentiments 
of  liberty,  his  large  philosophic  views,  the  dis 
tinction  he  had  acquired,  both  in  the  colonial 
and  continental  councils,  as  a  bold  and  vigorous 
champion  of  American  rights,  and  the  laurels 


LEGISLATIVE  REFORMS  IN  VIRGINIA.         171 

with  which  he  was  crowned  as  the  author  of  the 
Declaration  of  Independence,  rightfully  assigned 
him  that  lead.  He  and  Mr.  Madison  now,  for 
the  first  time,  met.  The  close  intimacy  of  half 
a  century  which  afterwards  subsisted  between 
them, —  never  dimmed  by  a  shade  of  jealousy  or 
coolness,  though  admitting  the  utmost  freedom, 
and  sometimes  diversity  of  opinion,  in  their  fra 
ternal  communications  with  each  other,  as  we 
shall  have  occasion  to  see,  —  forms  a  rare  exam 
ple  of  generous  and  elevated  friendship,  amid  the 
contentions  and  vicissitudes  of  public  life,  that 
does  honor  to  human  nature. 

How  entirely  Mr.  Madison  concurred  with  Mr. 
Jefferson,  on  the  present  occasion,  in  the  two 
great  measures  espoused  by  the  senior  states 
man,  the  part  he  had  borne  in  engrafting  the 
principle  of  religious  freedom,  in  its  broadest 
latitude,  on  the  Virginia  Declaration  of  Rights, 
as  well  as  the  catholic  sentiments  so  nobly  ex 
pressed  in  his  correspondence  with  Bradford,  and 
the  high  republican  tone  of  his  principles  mani 
fested  alike  in  private  and  in  public,  furnish  the 
fullest  assurance.  But  his  youth  and  diffidence 
prevented  him  from  embarking  in  a  debate,  in 
which  the  "steadfast,  able,  and  zealous"  coopera 
tion  of  the  veteran  Mason,  —  "  himself  a  host,"  as 
Mr.  Jefferson  gracefully  acknowledges, —  rendered 
other  allies  on  the  floor  of  the  House  super 
fluous.  We  cannot  forbear  to  record  here  what 
Mr.  Jefferson,  in  the  brief  memoir  of  his  own 


172  LIFE    AND  TIMES   OF  MADISON. 

life,  has  said  of  the  first  appearance  in  the  pub 
lic  councils  of  the  youthful  statesman,  whose 
modesty,  in  keeping  back,  only  the  more  fully 
matured  the  consummate  powers  he  afterwards 
displayed. 

"  Mr.  Madison/'  he  says,  "  came  into  the  House 
in  1776,  a  new  member  and  young;  which  cir 
cumstances,  concurring  with  his  extreme  modesty, 
prevented  his  venturing  himself  in  debate  before 
his  removal  to  the  council  of  state  in  November, 
1777.  From  thence  he  went  to  Congress,  then 
consisting  of  few  members.  Trained  in  these  suc 
cessive  schools,  he  acquired  a  habit  of  self-posses 
sion,  which  placed  at  ready  command  the  rich 
resources  of  his  luminous  and  discriminating  mind 
and  of  his  extensive  information,  and  rendered 
him  the  first  of  every  assembly  afterwards  of 
which  he  became  a  member.  Never  wandering 
from  his  subject  into  vain  declamation,  but  pur 
suing  it  closely  in  language  pure,  classical,  and 
copious,  soothing  always  the  feelings  of  his  ad 
versaries  by  civilities  and  softness  of  expression, 
he  rose  to  the  eminent  station  which  he  held  in 
the  great  national  convention  of  1787  ;  and  in 
that  of  Virginia,  which  followed,  he  sustained  the 
new  constitution  in  all  its  parts,  bearing  off  the 
palm  against  the  logic  of  George  Mason  and  the 
fervid  declamation  of  Mr.  Henry.  With  these 
consummate  powers,  was  united  a  pure  and  spot 
less  virtue,  which  no  calumny  has  ever  attempted 
to  sully." 


ABOLITION  OF  ENTAILS.  173 

The  measure  brought  forward  by  Mr.  Jefferson 
for  the  abolition  of  entails  was  finally  carried  in 
the  form  in  which  he  proposed  it;  though  not 
without  earnest  opposition  from  able  and  honest 
men,  whose  natural  temper  and  habitual  caution 
made  them  averse  to  all  sudden  change. 

On  the  question  of  the  general  and  equal  ex 
tension  of  the  benefits  of  religious  freedom,  the 
struggle  was  long  and  arduous.  Finally,  it  was 
agreed  in  committee  of  the  whole  to  repeal  all 
laws  which  restrained,  by  penal  enactments,  the 
freedom  of  religious  opinion  or  worship ;  to  ex 
empt  dissenters  from  taxes  or  contributions  for 
the  support  of  the  Established  Church;  and  to 
dispense  with  any  future  provision  of  legal  sal 
aries  for  ministers,  —  reserving  to  the  present 
incumbents  of  parishes  the  arrears  of  salaries 
actually  due  to  them,  and  to  them  and  their 
congregations  the  use  and  enjoyment  of  existing 
glebes,  churches,  and  chapels,  with  their  appen 
dages.3 

A  select  committee  of  seventeen,  of  whom  Mr, 
Madison  was  one,  together  with  Mr.  Jefferson, 
Mr.  Mason,  Mr.  Nicholas,  and  others  of  the  older 
members  of  the  House,  was  appointed  to  bring 
in  a  bill  in  pursuance  of  the  resolutions  adopted. 
The  bill  reported,  which  soon  received  the  sanc 
tion  of  both  branches  of  the  legislature  and  be 
came  a  law,  embodied  all  these  provisions ;  but 

1  See    Journal    of   House   of   Delegates,   October    session,   1776, 
pp.  62,  63. 

15* 


174  LIFE   AND   TIMES   OF  MADISON. 

expressly  reserved  for  future  determination  the 
question  of  a  general  assessment  for  the  support 
of  religious  teachers  of  the  various  denominations ; 
and  instead  of  repealing,  suspended  only  the  acts 
of  Assembly  providing  salaries  for  ministers.3 
This  suspension  owas  renewed  from  session  to 
session  until  1779,  when  there  was  a  definitive 
repeal  of  all  laws  which  provided  salaries  for 
ministers,  and  when  there  was  a  negative  decis 
ion  also  on  the  question  of  a  general  assessment. 
But  the  latter  question  was,  four  or  five  years 
afterwards,  revived  in  a  very  imposing  form, 
under  the  auspices  of  venerable  and  distinguished 
names:  and  it  was  reserved  for  Mr.  Madison,  as 
we  shall  see,  upon  his  return  into  the  legislature 
after  a  service  of  several  years  in  the  national 
councils,  to  become  the  powerful  and  successful 
champion  in  opposition  to  it,  and  to  consummate, 
in  the  maturity  of  manhood,  that  great  struggle 
for  religious  freedom  in  his  native  State,  which 
he  commenced  a  youth. 

With  a  view  to  other  necessary  and  yet  more 
extensive  reforms  in  the  existing  legislation  of 
the  State,  and  to  adapt  it  to  the  new  republican 
institutions,  Mr.  Jefferson,  at  this  session  of  the 
Assembly,  proposed  the  appointment  of  a  com 
mittee  of  five  persons,  to  be  chosen  by  joint 
ballot  of  the  two  Houses,  whose  duty  it  should 
be  to  revise  all  the  laws  of  the  State,  to  modify 
and  mould  them  in  such  manner  as  they  should 

l  Hen.  Stat.  vol.  ix.  pp.  164-166. 


REVISION   OF  THE  LAWS.  175 

deem  expedient,  and  to  submit  them,  in  the  ap 
propriate  form  of  bills,  to  the  consideration  of  a 
future  legislature.  The  proposition  was  adopted ; 
and  Thomas  Jefferson,  Edmund  Pendleton,  George 
Wythe,  George  Mason,  and  Thomas  Ludwell  Lee 
were  chosen  to  constitute  the  committee.  The 
work  was  one  of  equal  difficulty  and  importance, 
and  called  for  a  rare  union  of  industry,  skill, 
learning,  and  practical  wisdom.  The  Herculean 
labor  devolved  upon  the  three  first-named  gen 
tlemen;  and  they  submitted  the  results  of  it  in 
a  digest  of  one  hundred  and  twenty-six  bills  to 
the  General  Assembly  at  the  session  of  May, 
1779. 

The  engrossing  public  cares  and  events  of  the 
war  prevented  any  action  of  the  legislature  on 
these  bills,  with  the  exception  of  a  few  of  a  more 
urgent  character,  (which  were  taken  up  from 
time  to  time  and  passed,)  until  the  return  of 
peace.  Here  again  it  devolved  upon  Mr.  Madi 
son,  at  a  later  period  of  his  career,  and  in  the 
full-grown  energy  of  his  powers,  to  put  the  fin 
ishing  hand  to  labors  of  patriotism  and  wisdom, 
at  whose  inception  he  had  assisted  with  the 
modest  intelligence  of  the  youthful  but  well- 
trained  statesman.  Mr.  Jefferson,  in  the  auto 
biographical  memoir  already  referred  to,  says : 
"The  main  body  of  the  work"  (the  report  of 
the  revisers)  "was  not  entered  on  by  the  legis 
lature  until  after  the  general  peace,  in  1785, 
when,  by  the  unwearied  exertions  of  Mr.  Madi- 


176  LIFE  AND  TIMES   OF  MADISON. 

son,  in  opposition  to  the  endless  quibbles,  chi 
caneries,  perversions,  and  delays  of  lawyers  and 
demi-lawyers,  most  of  the  bills  were  passed  by 
the  legislature  with  little  alteration." 

Various  other  measures,  connected  with  the 
internal  policy  of  the  State  and  demanded  for 
its  good  government,  were  matured  and  adopted 
by  this  Assembly ;  but  the  increasing  urgency  of 
the  national  danger  at  length  summoned  its  ear 
nest  attention  to  measures,  of  which  all  America 
was  the  object.  The  American  army,  after  the 
forced  abandonment  of  New  York,  was  rapidly 
reduced  in  numbers  by  successive  though  not 
decisive  actions,  by  the  loss  of  Fort  Washington 
and  its  numerous  garrison,  and,  more  than  all, 
by  the  discouragement  and  expiring  terms  of 
service  of  large  bodies  of  troops.  In  this  state 
of  things,  the  commander-in-chief  found  it  neces 
sary  to  pass  to  the  other  side  of  the  Hudson, 
and  finally  to  retreat  to  the  banks  of  the  Dela 
ware,  where,  when  he  arrived,  his  whole  force 
had  dwindled  to  less  than  three  thousand  men, 
in  the  face  of  a  numerous  and  well-appointed 
foe. 

The  General  Assembly  of  Virginia  had  already 
provided  for  a  large  increase  of  its  military  es 
tablishment,  both  for  State  and  continental  ser 
vice  :  but  when  this  intelligence  reached  it, 
measures  were  instantly  taken  to  send  on  rein 
forcements  to  the  continental  army,  and  to  stim 
ulate,  by  every  possible  means,  the  recruiting  of 


REINFORCEMENTS   SENT  TO  THE  ARMY.      177 

new  levies.  On  the  20th  of  December,  a  few 
days  only  after  the  retreat  of  the  army  to  the 
banks  of  the  Delaware,  and  under  the  impression 
of  that  disastrous  news,  —  rendered  yet  more  pain 
ful  by  the  inexplicable  capture  of  General  Lee, 
—  the  House  of  Delegates  resolved  itself  into  a 
committee  of  the  whole  to  take  into  considera 
tion  "the  state  of  America"  (the  usual  formula 
was  the  "state  of  the  country").  On  the  follow 
ing  day,  the  committee  reported  a  series  of  reso 
lutions  which  were  immediately  adopted  by  the 
House,  evincing  the  deep  sense  that  was  felt  of 
the  gravity  of  the  crisis,  and  the  prompt  deter 
mination  of  Virginia  to  bear  her  full  share  of 
its  burdens  and  perils. 

Nothing,  perhaps,  nmrks  more  strongly  the 
readiness  to  make  every  sacrifice  to  the  common 
cause,  than  that  the  representatives  of  the  peo 
ple, —  with  all  the  jealousy  then  felt  in  Virginia 
of  executive  power,  and  which  was  engraven 
upon  the  front  of  the  political  institutions  she 
had  just  adopted,1  —  invested  the  governor  and 
council  with  unlimited  power  to  call  forth  any 
amount  of  military  force  they  should  judge  ne 
cessary  and  proper,  in  addition  to  that  already 

1  Besides  the  jealous  limitation  the  government  to  which  I  have 

of  executive  power  in  the  constitu-  been  elected,  at  the  several  peri- 

tion  itself,  the  governor  was   re-  ods  to  which  my  continuance  in 

quired,  in  the  oath  of  office  pre-  the  said  office  is  or  shall  be  limited 

scribed   to   be   taken   by   him,  to  by  law  and  the  constitution."     See 

"  solemnly  promise  and  swear  that  this  form  of  oath  in  Ordinances  of 

I  will  peaceably  and  quietly  resign  Convention  of  1776,  p.  7. 


178  LIFE   AND   TIMES   OF  MADISON. 

provided  by  law;  to  determine  its  destination, 
whether  "to  join  the  continental  army  or  to 
march  to  the  assistance  of  any  of  our  sister 
States " ;  and  to  provide  for  its  pay,  equipment, 
and  support  by  a  carte  blanche  to  draw  upon  the 
treasury.  The  governor  was  requested  to  trans 
mit,  by  express,  copies  of  these  resolves  to  the 
neighbouring  States  of  Maryland  and  North  Car 
olina,  "  in  order  to  satisfy  them,"  as  the  Assembly 
declared,  "that  we  are  exerting  ourselves  in  de 
fending  the  liberties  of  America";  and  at  the 
same  time,  a  resolution  was  adopted,  instructing 
the  delegates  of  Virginia  in  Congress  to  recom 
mend  to  that  body  the  expediency  of  "  investing 
the  commander-in-chief  of  the  American  forces 
with  more  ample  and  extensive  powers  for  con 
ducting  the  operations  of  the  war,"  and  to  use 
their  influence  also  "  in  exhorting  the  legislatures 
of  the  several  States  to  adopt  the  most  speedy 
and  effectual  methods  for  calling  their  military 
force  into  action."1 

Congress,  —  which  had  then  removed  from  Phil 
adelphia  to  Baltimore,— on  the  27th  of  December, 
six  days  after  the  recommendation  of  the  legis 
lature  of  Virginia,  passed  a  resolution  conferring 
the  proposed  enlargement  of  powers  on  the  com 
mander-in-chief.  Only  the  day  before  the  adop 
tion  of  this  resolution,  but  too  recently  to  be 
known  to  Congress  at  the  time  of  its  passage, 

1  For  these  various  proceedings,  see  Journal  of  House  of  Delegatest 
October  session,  1776,  pp.  106-108. 


MR.  MADISON  NOT  RE-ELECTED.  179 

Washington,  by  one  of  the  boldest  and  most 
brilliant  coups  de  main  on  record,  and  which 
showed  that  he  was  Marcellus  or  Fabius  by 
turns,  as  the  interests  of  the  great  cause  commit 
ted  to  his  hands  required,  recrossed  the  Dela 
ware,  and,  by  an  impetuous  onset,  captured  a 
large  detachment  of  the  enemy's  army  at  Tren 
ton  ; — a  success  which  he  followed  up  a  few  days 
afterwards,  with  equal  brilliancy  and  spirit,  by 
another  at  Princeton,  enabling  him  to  resume  a 
position,  if  not  of  equality,  yet  of  confidence  and 
self-reliance,  face  to  face  with  the  hosts  that 
stood  opposed  to  him. 

On  the  day  of  their  proceedings  mentioned 
above,  the  General  Assembly  of  Virginia  ad 
journed,  after  a  laborious  and  most  important 
session  of  three  months.  At  that  time  its  meet 
ings  were  semi-annual, —  in  May  and  in  October. 
A  new  election  of  delegates  took  place  annu 
ally  in  April.  At  the  ensuing  election  of  1777, 
Mr.  Madison  was  outvoted  by  candidates  who 
brought  to  their  aid  a  species  of  influence  un 
fortunately  not  uncommon  in  that  day,  but 
against  which  he  was  firmly  principled.  The 
practice  of  treating  at  elections  was  one  which,  in 
England,  had  long  and  rankly  flourished  in  spite 
of  prohibitory  enactments ;  and  it  had  been  trans 
planted,  with  the  representative  institutions  which 
it  tended  to  vitiate  and  corrupt,  to  the  virgin 
soil  of  the  new  world.  Mr.  Madison,  believing, 
to  use  his  own  language,  that  "the  reputation 


180  LIFE  AND   TIMES   OF  MADISON. 

and  success  of  representative  government  de 
pended  on  the  purity  of  popular  elections,"  re 
solved  to  give  no  countenance  to  a  practice 
which  he  deemed  so  destructive  of  it ;  and  he 
declined,  therefore,  to  follow  the  example  of  his 
competitors  in  courting  the  suffrages  of  the  elec 
tors  by  offering  them  treats.  He  fell  a  victim, 
as  others  have  done  before  and  since,  to  the  in 
flexibility  of  his  principles ;  but  his  self-respect 
raised  him  above  the  mortification  of  defeat.  In 
a  paper  containing  some  reflections  on  the  im 
portance  of  maintaining  the  purity  of  popular 
elections,  he  has  incidentally  given  an  account 
of  this  early  experience  of  his  political  life,  which 
we  cannot  do  better  than  to  present  in  his  own 
words  to  the  reader. 

"In  Virginia,  where  the  elections  to  the  colo 
nial  legislature  were  septennial,  and  the  original 
settlers  of  the  prevailing  sentiments  and  manners 
of  the  parent  nation,  the  modes  of  canvassing 
for  popular  votes  in  that  country  were  generally 
practised.  The  people  not  only  tolerated,  but 
expected  and  even  required  to  be  courted  and 
treated.  No  candidate,  who  neglected  those  at 
tentions,  could  be  elected.  His  forbearance  would 
have  been  ascribed  to  a  mean  parsimony,  or  to 
a  proud  disrespect  for  the  voters. 

"The  spirit  of  the  ^Revolution  and  the  adop 
tion  of  annual  elections  seeming  to  favor  a  more 
chaste  mode  of  conducting  elections  in  Virginia, 
my  way  of  thinking  on  the  subject  determined 


VINDICATES  PURITY  OF  ELECTIONS.          181 

me  to  attempt,  by  an  example,  to  introduce  it. 
It  was  found  that  the  old  habits  were  too  deeply 
rooted  to  be  suddenly  reformed.  Particular  cir 
cumstances  obtained  for  me  success  in  the  first 
election,  at  which  I  was  a  candidate.  At  the 
next,  I  was  outvoted  by  two  candidates,  neither 
of  them  having  superior  pretensions,  and  one 
particularly  deficient  in  them;  but  both  of  them 
availing  themselves  of  all  the  means  of  influence 
familiar  to  the  people.  My  reserve  was  imputed 
to  want  of  respect  for  them,  if  to  no  other  un 
popular  motive." 

It  is  gratifying  to  know  that  the  fellow-citizens 
of  Mr.  Madison,  who  appreciated  at  their  just 
value  the  gradually  unfolding  talents  and  virtues 
of  their  young  countyman,  did  not  tamely  ac 
quiesce  in  the  loss  of  his  services  to  the  public 
cause  by  means  so  unworthy.  A  petition  of 
"  sundry  freeholders  of  the  county  of  Orange " 
was  presented  to  the  House  of  Delegates  at  its 
succeeding  session,  complaining  of  the  corrupt 
influence  through  which  one  of  the  new  dele 
gates,  by  whom  Mr.  Madison  had  been  super 
seded,  was  elected,  and  praying  that  "the  said 
election  be  set  aside."  The  petition  was  referred 
to  the  committee  of  privileges  and  elections ;  but 
for  the  want  of  adequate  proof  to  sustain  the 
allegations  of  the  petition,  which  in  such  cases 
it  is  extremely  difficult  to  obtain  with  the  requi 
site  precision,  the  proceeding  was  unavailing,  ex 
cept  as  a  perpetual  protest  upon  the  legislative 

VOL.   I.  16 


182  LIFE   AND   TIMES   OF  MADISON. 

records  of  the  country  against  a  dangerous  abuse, 
of  which  one  of  her  sons,  so  well  qualified  to 
serve  her,  and  destined  to  be  one  of  her  chief 
ornaments,  was  the  early  though  temporary  vic 
tim.1 

Unambitious  and^  retiring  as  the  youthful 
statesman  was,  his  merits  were  too  well  known 
to  those  with  whom  he  had  been  associated  in 
the  public  service  to  allow  his  ostracism  to  be 
of  long  duration.  At  the  autumnal  session  of 
the  legislature  in  this  same  year,  (on  the  loth 
of  November,  1777,)  he  was  chosen  by  the  joint 
ballot  of  the  two  Houses  to  be  a  member  of 
the  Council  of  State.  This  body,  under  the  new 
constitution,  as  has  been  already  stated,  consisted 
of  eight  members,  who  participated  with  the  gov 
ernor  in  the  exercise  of  all  the  executive  powers 
of  the  government,  and  without  whose  "  advice " 
he  could  perform  no  official  act.  In  the  earlier 
times  of  the  new  government,  none  but  such  as 
were  distinguished  for  patriotism,  talents,  and  in 
fluence  were  chosen  into  the  Council  of  State.2 

1  Journal  of  House  of  Delegates,  was  chosen   into   the  same  body. 
May  session,  1777,  pp.  14  and  67.  The  passage  is  curious  also  as  a 

2  A  striking  illustration  of  the  reminiscence    of   a    distinguished 
opinion   formerly   entertained   of  public   character :    "  Young    Mr. 
the  mature  qualifications  suitable  Marshall  is  elected  a  Councillor  in 
for  a  member  of   the   executive  the  room  of  Mr.  Bannister,  who 
council,  is  found  in    a  letter  of  resigned.    He  is  clever,  but  I  think 
Judge  Pendleton  to  Mr.  Madison,  too   young  for  that    department, 
dated  the  25th  of  November,  1782,  which  he  should  rather  have  earn- 
mentioning  the  election  of  young  ed  as  a  retirement  and  reward,  by 
Mr.  Marshall,    (afterwards  Chief  ten  or  twelve  years  hard  service  in 
Justice,)  —  at  that  time  a  year  older  the  Assembly."    Manuscript  Let- 
than  Mr.  Madison  was,  when  he  ter. 


CHOSEN  INTO  THE   COUNCIL   OF   STATE.      183 

Among  those  who,  at  this  time,  held  seats  in 
that  body  were  John  Page,  Dudley  Digges,  and 
Dr.  Thomas  Walker,  all  of  whom  had  been  mem 
bers  of  the  general  committee  of  safety;  and 
with  them  were  John  Blair,  Nathaniel  Harrison, 
and  others  well  known  by  their  public  charac 
ters.  It  is  a  farther  and  flattering  proof  of  the 
consideration  entertained  for  Mr.  Madison  at  this 
time  in  the  General  Assembly,  that  he  was  nom 
inated  for  his  new  post  without  his  knowledge 
or  wish ;  and  was  elected  by  a  handsome  major 
ity,  though  brought  into  competition  with  such 
men  as  Meriwether  Smith,  John  Bannister,  and 
Lewis  Burwell,  all  his  seniors,  and  of  long  estab 
lished  reputation.1 

The  governor  and  council,  in  addition  to  the 
regular  executive  functions  devolved  upon  them 
by  the  constitution,  were  now  invested,  by  spe 
cial  acts  of  the  legislature,  with  extraordinary 
powers  of  great  delicacy  and  importance,  adapted 
to  a  state  of  war  and  the  critical  posture  of 
public  affairs,  —  as  we  have  seen  in  the  instance 
of  the  resolutions  adopted  by  the  Assembly  just 
a  year  ago.  The  same  powers,  substantially, 
were  renewed  from  session  to  session,  during  the 
continuance  of  the  public  danger. 

The  moment  at  which  Mr.  Madison  came  into 
the  body,  was  one  full  of  urgency  and  interest. 
The  general  elation  produced  by  the  splendid 
success  of  Saratoga  was  naturally  mingled  with 

l  Journal  of  House  of  Delegates,  October  session,  1777,  pp.  24,  25. 


184  LIFE  AND  TIMES   OF  MADISON. 

a  feeling  of  depression  at  the  occupation  of  Phil 
adelphia  by  the  enemy,  and  with  painful  anxiety 
for  the  situation  of  the  patriot  army  in  its  win 
ter  quarters  at  Valley  Forge.  As  the  seat  of 
war,  too,  was  gradually  being  transferred  more 
to  the  South,  the  «tate  of  things  demanded  more 
and  more  of  vigilance  in  that  direction,  and  gave 
increased  importance  to  the  powers,  both  ordi 
nary  and  extraordinary,  with  which  the  executive 
of  Virginia  was  clothed. 

It  was,  perhaps,  a  providential  event  in  Mr. 
Madison's  career  that  he  was  removed  from  a 
numerous,  popular  assembly,  where  his  natural 
diffidence  would  have  long  withheld  him  from 
any  active  participation  in  its  proceedings  and 
debates,  to  a  smaller  and  more  quiet  body, 
whose  deliberations  being  of  a  less  formal  char 
acter, —  uniting  the  ease  of  colloquial  with  the 
earnestness,  occasionally,  of  forensic  discussion, — - 
he  was  drawn  out,  from  time  to  time,  to  take 
part  in  them.  He  thus  gradually  acquired  a 
habit  of  self-possession  in  the  enunciation  of  his 
views,  which  was  alone  wanting  to  make  him  as 
lucid  and  powerful  in  debate,  as  he  was  clear 
and  profound  in  thought,  and  copious  and  over 
flowing  in  information.  The  council  chamber,  in 
this  manner,  became  to  him,  not  only  a  scene 
of  useful  and  patriotic  labor,  but  a  school  of 
training  which  prepared  him  for  some  of  the 
highest  and  most  enduring  triumphs  of  his 
public  life. 


TRIBUTE  TO  HIS  WORTH  AND  TALENTS.      185 

We  cannot  forbear  introducing  here,  as  an 
ingenuous  tribute  to  the  blended  modesty  and 
worth  of  the  new  councillor  of  State,  an  extract 
from  a  letter  addressed  to'  him,  soon  after  his 
election,  by  one  of  his  early  college  friends,  the 
Rev.  Samuel  Stanhope  Smith,  who,  a  native  son 
of  Pennsylvania,  was  now  the  president  of  Hamp- 
den  Sidney  College  in  Virginia. 

"  This  is  the  first  time  I  have  had  an  oppor 
tunity  to  write   to   you    since    your    election   to 
your  new  and  honorable   office.     I    rejoice   that 
your  country  has  been  able,  in  spite  of  all  your 
modesty,  to  discern  your  merit,  and  that  she  has 
had   virtue    enough    to    place    you   in   a   station 
where   your   talents  will  not  be   useless  to  her; 
although  I  could  wish  you  had  the  same  opinion 
of  yourself  that  others  have,  and  then  I  confess 
I  should    be   glad   to   see   you  a  degree  or  two 
lower,  but  where   your  services  would  be  more 
important.      For    I    am    really    afraid    that    the 
Assembly  doth   not   sufficiently  consult  her   own 
dignity,  while    so    many  of  her   most   deserving 
members    are    distributed    among   the    honorable 
and   profitable    offices   of  State,  and  so  few  are 
left  who    can   give   a   lustre   to   her   councils,  or 
authority    to    her    decisions,    or    even,    perhaps, 
guide  her  deliberations  with  regularity  and  pru 
dence.     You  are  better  acquainted,  however,  what 
reason    there    is    to  fear   any  loss    of  dignity  in 
our  own  legislature,  or  in  our  representation  in 
the  Congress  of  the  States." 

16* 


186  LIFE   AND  TIMES   OF  MADISON. 

This  passage  forms  only  the  introduction  to 
a  letter  of  some  twenty  pages,  in  which  the 
learned  writer  submits  to  the  criticism  and  re 
vision  of  his  friend  his  matured  and  profoundly 
meditated  views  on  a  great  question  of  moral 
and  intellectual  philosophy, — the  long  contro 
verted  one  of  the  freedom  or  fatalism  of  human 
actions.  They  are,  in  substance,  the  same  which 
were,  many  years  after,  embodied  by  him  in  his 
Lectures  on  Philosophy,  when  president  of  Prince 
ton  College.1  Dr.  Smith  was  the  eloquent  and 
able  champion  of  free  agency ;  and  in  the  letter 
to  Mr.  Madison,  he  has  discussed  the  subject 
with  a  depth  of  learning  and  reflection,  and  in 
some  respects  with  an  originality  of  views,  which 
we  have  never  seen  surpassed.  It  is  no  small 
proof  of  Mr.  Madison's  proficiency  in  metaphys 
ical  studies,  to  which  we  have  heretofore  alluded, 
that  so  profound  a  thinker  should  have  sought 
his  judgment  upon  the  result  of  his  meditations. 

The  letter  proceeds  :  "  Perhaps  it  may  prove 
a  relaxation  to  you,  in  the  midst  of  other  busi 
ness,  to  attend  to  a  few  metaphysical  specula 
tions.  I  would  not  have  troubled  you  on  such 
subjects,  if  I  had  not  known  your  taste  for 
them,  and  your  quick  discernment  of  every  error 
or  mistake,  and  even  of  every  hint  that  may 
lead  to  the  discovery  of  truth.  I  promise  my 
self  this  benefit  at  least,  that  I  shall  see  some 

1  See  Lectures  on  Moral  and  Political  Philosophy  by  Dr.  Samuel 
Stanhope  Smith,  vol.  I.  p.  275. 


REV.   SAMUEL   STANHOPE   SMITH.  187 

mistakes  or  superficial  reasonings  that  I  am 
not  aware  of  at  present,  and  that  I  may  re 
ceive  some  clue  that  may  serve  to  exercise  my 
thoughts  anew,  and  lead  to  a  more  perfect 
investigation  of  the  truth. 

"  You  have  frequently  attacked  me  on  that 
knotty  question  of  liberty  and  necessity,  that 
has  so  much  embarrassed  philosophers,  and  has 
raised  such  furious  war  among  divines.  I  have 
lately  had  occasion  to  write  on  several  philo 
sophical  subjects,  and  among  others,  on  this 
question.  I  send  you  the  result  of  my  thoughts 
upon  it;  not  at  length,  but  with  the  utmost 
conciseness  I  am  able,  knowing  that  you  are  so 
well  acquainted  with  the  subject,  that  it  is  suffi 
cient  barely  to  state  my  opinion,  without  any 
long  detail  of  the  reasonings  that  support  it, 
which  are  apt  to  grow  tedious,  where  they  are 
not  necessary.  I  write  with  the  prospect  of  my 
own  improvement  and  not  of  your  information; 
and,  therefore,  beg  in  return  your  candid  an 
imadversions  on  my  scheme,  with  your  own 
thoughts  on  the  same  subject." 

We  have  not  the  answer  of  Mr.  Madison, 
which  could  not  fail  to  interest  philosophical 
inquirers;  but  the  tenor  of  it  may  be  inferred 
from  a  subsequent  letter  of  Dr.  Smith,  in  which 
he  says :  — 

"I  have  read  over  your  theoretical  objections 
against  the  doctrine  of  moral  liberty,  for  prac 
tically  you  seem  to  be  one  of  its  disciples.  I 


188  LIFE   AND  TIMES   OF  MADISON. 

remember  the  manner  in  which  you  have  for 
merly  expressed  yourself  upon  that  intricate  sub 
ject;  and,  indeed,  they  express  the  difficulties 
that  occurred  to  me  in  attempting  to  solve  it." 

It  is  a  spectacle  refreshing  to  humanity  to  see 
two  such  minds  turning  away,  for  the  moment, 
from  the  exciting  controversies  of  international 
war  to  explore,  by  the  calm  lights  of  philosophy, 
a  question  concerning  the  moral  destinies  of  man. 
But  our  particular  purpose  in  referring  to  this 
correspondence  was  to  exhibit  Mr.  Madison's 
early  familiarity  with  those  abstract  truths  that 
lie  at  the  basis  of  all  systems  of  human  govern 
ment  and  legislation,  and  that  gave  a  breadth 
and  comprehensiveness  to  his  views,  which,  united 
with  practical  sagacity  and  wisdom,  raised  him 
to  the  exalted  rank  he  was  destined  to  occupy 
among  the  statesmen  of  America  and  the  world. 

Mr.  Henry  was  in  the  second  year  of  his  ad 
ministration  as  governor  of  Virginia,  when  Mr. 
Madison  took  his  seat  in  the  Council  of  State  as 
one  of  his  constitutional  advisers  and  assistants. 
These  two  gentlemen,  who  in  after-times  were 
to  be  placed  in  such  marked  opposition  to  each 
other  on  public  questions  of  the  greatest  mo 
ment,  had  already  met  in  the  convention  of 
1776,  of  which  they  were  both,  as  we  have  seen, 
members.  But  the  difference  of  years,  with  the 
natural  modesty  and  reserve  of  Mr.  Madison, 
probably  rendered  their  acquaintance  at  that 
time  a  slight  one.  They  were  now  brought  into 


RELATIONS  WITH  GOVERNOR  HENRY.         189 

closer  relations;  and  it  is  gratifying  to  know 
that  sentiments  of  cordial  respect  and  esteem 
soon  sprang  up  between  them.  The  amiable 
and  ingenuous  disposition  for  which  Mr.  Madison 
was  always  distinguished,  and  which  formed  so 
fitting  an  ornament  of  his  youthful  talents,  could 
not  but  commend  him  to  the  regard  of  Mr. 
Henry. 

It  so  happened,  too,  that  he  was  the  only 
member  of  the  Executive  Council,  at  that  time, 
who  was  versed  in  foreign  languages;  and  the 
number  of  foreign  officers  then  in  the  service 
of  the  country,  Virginia  particularly,  and  in  con 
stant  communication  with  the  executive,  —  to 
gether  with  other  occasions,  occurring  from  time 
to  time,  to  maintain  a  correspondence  with  foreign 
states  or  their  agents,  —  made  it  indispensable  for 
the  governor  often  to  call  in  the  aid  of  the  youth 
ful  and  accomplished  councillor.1  These  occasions 

i  Mr.  Madison  used  to  relate,  as  with  the  most  obvious  and  familiar 

a  ludicrous  instance  of  the  tenacity  usages  of  representative  govern- 

with  which  the  French,  in  the  com-  ment.     One  of  them,  attending  a 

mencement   of   their    intercourse  session  of  the  House  of  Delegates, 

with  us,  transferred  the  forms  and  discovered  much  curiosity  to  know 

traditions  of  their  monarchical  re-  by  what  right  and  for  what  end 

gime  to  the  unaccustomed  republi-  the  Speaker  seemed  to  be  invested 

can  institutions  of  America,  that  with  a  supreme  control  over  the 

letters  were  not  unfrequently  ad-  order  of  proceedings  in  the  body, 

dressed  to  the  governor  as  "  Son  After  listening  very  earnestly  to 

Altesse  Royale,  Monsieur  Patrick  the  explanation  given,  to  wit,  that 

Henri,   Gouverneur  de   1'Etat  de  the  Speaker  was  the  presiding  offi- 

Virginie."      He   related   also   the  cer,  chosen  by  the  body  itself,  to 

following  anecdote  as  illustrative  maintain  order  and  decorum  in  its 

of  the  total  want  of  acquaintance  proceedings  by  enforcing  conform- 

of  our  Gallic  friends,  at  that  day,  ity  to  certain  established  rules,  he 


190  LIFE   AND   TIMES    OF  MADISON. 

were  so  frequent  that  the  legislature,  at  a  sub 
sequent  session,  provided  specially  for  the  estab 
lishment  of  an  office  of  foreign  correspondence.1 
But  Mr.  Madison's  personal  and  confidential  aid 
was  always  freely  given  at  the  call  of  the  gov 
ernor  ;  and  his  general  skill  and  facility  as  a 
writer,  concurring  with  the  governor's  known 
aversion  to  the  labors  of  the  pen,  caused  his  aid 
to  be  so  frequently  sought  in  the  preparation  of 
other  papers,  as  well  as  the  foreign  correspond 
ence,  that  he  bore  with  many  the  title  of  Secre 
tary,  as  well  as  Councillor  of  State.2 

Among  the  most  urgent  of  the  duties  incum 
bent  at  this  time  upon  the  governor  and  coun 
cil  was  the  execution  of  the  measures  adopted 
by  the  legislature,  at  their  late  session,  for  com 
pleting  the  State's  quota  of  troops  for  the  conti 
nental  service,  and  for  contributing  its  aid,  in 
every  possible  mode,  to  an  early  and  vigorous 
commencement  of  the  next  campaign.  For  these 
purposes,  new  recruits  were  to  be  raised,  and  in 
default  of  them,  drafts  to  be  made  from  the 
militia;  volunteers,  also,  were  to  be  encouraged, 
embodied,  and  officered ;  and  arms,  accoutrements, 
clothing,  and  provisions  of  every  kind,  to  be 
obtained  and  distributed  for  the  supply  of  the 

exclaimed,  with  an  air  of  sudden  the  authority  of  Mr.  Jefferson,  who 

illumination  and  satisfaction,  "  En-  often  related  them  in  conversation 

fin,  Monsieur,  Je  vous  comprends ;  with  his  friends.— See  also  Camp- 

2'est  un  Prince  du  Sang  ! "  bell's  Introduction  to  the  History 

i  See  Hen.  Stat.  vol.  ix.  p.  467.  of  Virginia,  p.  167. 

9  These  facts  are  stated  upon 


TROOPS  FOR  THE  GENERAL  DEFENCE.   191 

troops.  It  is  an  honorable  proof  of  the  parar 
mount  regard  for  the  common  cause,  which  then 
actuated  the  councils  of  Virginia,  that  troops, 
raised  for  her  special  protection,  were  ordered  at 
once  into  the  continental  service. 

The  language  of  loyalty  to  the  general  intei- 
est  of  the  confederacy  in  which  the  legislature 
prefaced  the  provision  for  raising  volunteers,  over 
and  above  the  legal  quota  of  troops  which  the 
State  was  bound  to  furnish,  deserves  also  to  be 
cited.  "  Whereas,"  say  they,  "  it  is  of  the  greatest 
importance  to  the  American  cause  to  open  the  next 
campaign  as  early  as  possible ;  and,  in  order  to 
render  its  operations  more  decisive  and  effectual, 
that  the  army  under  the  command  of  his  excel 
lency  General  Washington  should  be  reinforced 
by  an  additional  number  of  troops  to  be  raised 
for  that  purpose  in  this  Commonwealth " :  They 
then  proceed  to  offer  special  inducements  to  vol 
unteers  to  engage  in  this  service,  and  confer  upon 
the  governor  and  council  the  necessary  powers 
for  appointing  the  higher  officers,  organizing  the 
troops,  and  bringing  them  into  the  field.1 

Mr.  Madison,  who  had  just  then  assumed  his 
place  in  the  Council  of  State,  took  the  liveliest 
personal  concern  in  the  successful  execution  of 
these  various  measures.  His  father  was  s.till  the 
county  lieutenant  of  Orange  ;  but  having  reached 
an  age  when  the  duties  of  the  office  were  felt 
to  be  burdensome  to  declining  years,  he  wished 

1  See  Hen.  Stat.  vol.  ix.  pp.  345-348. 


192  LIFE  AND  TIMES   OF  MADISON. 

to  relieve  himself  of  them  in  favor  of  a  succes 
sor,  who  should  be  younger  and  more  capable 
of  exertion.  Mr.  Madison,  apprised  of  his  father's 
wishes,  addressed  to  him,  in  a  letter  from  Wil- 
liamsburg  dated  the  23d  of  January,  1778,  the 
following  respectful  remonstrance. 

"Although  I  well  know  how  inconvenient  and 
disagreeable  it  is  to  you  to  continue  to  act  as 
the  lieutenant  of  the  county,  I  cannot  help  in 
forming  you  that  a  resignation  at  this  juncture 
is  here  supposed  to  have  a  very  unfriendly  aspect 
on  the  execution  of  the  draft,  and,  consequently, 
to  betray  at  least  a  want  of  patriotism  and  per 
severance.  This  is  so  much  the  case,  that  a 
recommendation  of  a  county  lieutenant  this  day 
received  by  the  governor,  to  supply  the  place 
of  one  who  had  resigned  to  the  court,  produced 
a  private  verbal  message  to  the  old  lieutenant 
to  continue  to  act,  at  least  as  long  as  the  pres 
ent  measures  were  in  execution." 

This  filial  appeal  to  paternal  patriotism  was  not 
unheeded;  and  Colonel  Madison  continued  with 
unremitting  zeal  to  perform  the  duties  of  com 
manding  officer  of  his  county. 

An  act  was  passed  at  the  late  session  of  the 
legislature  which  empowered  the  governor  and 
council,,  in  case  of  the  invasion,  or  apprehended 
invasion  (as  a  subsequent  act  provided),  of  "  any 
sister  State,"  to  order  to  their  assistance  such 
corps  of  the  militia  as  the  exigencies  of  the 
case  should  seem  to  the  executive  to  require. 


GEORGE  ROGERS  CLARKE.        193 

The  preamble  to  this  act  contains  another  noble 
expression  of  the  comprehensive  national  spirit 
that,  in  advance  of  any  positive  compact,  ani 
mated  the  bosom  of  Virginia,  at  this  great  epoch, 
to  exert  herself  for  the  common  cause,  —  an 
example  which  in  these  days  of  family  feud 
and  mutual  alienation,  it  is  refreshing  to  recall. 
"  Whereas,"  say  the  legislature  of  that  day,  "  the 
present  war  between  America  and  Great  Britain 
was  undertaken  for  the  defence  of  the  common 
rights  of  the  American  States,  and  it  is,  there 
fore,  just  that  each  of  them,  when  in  danger, 
should  be  aided  by  the  joint  exertions  of  all," 
&c. ;  and  then  follows  the  full  discretionary  au 
thority  to  the  governor  and  council  to  send  mil 
itary  assistance  to  "  any  sister  State  "  invaded  or 
threatened  with  invasion.1 

By  another  act  of  the  legislature,  passed  at  the 
same  session,  powers  were  conferred  on  the  gov 
ernor  and  council  that  led  to  one  of  the  most 
daring  and  brilliant  military  enterprises  recorded 
in  the  annals  of  individual  or  national  hardi 
hood,  of  which  the  results  were  of  the  highest 
importance  to  Virginia  and  the  whole  confeder 
acy.  The  frontiers  of  Virginia  and  Pennsylva 
nia  had  been  for  a  long  time  exposed  to  san 
guinary  and  desolating  incursions  of  the  Indians, 
which  were  fomented  and  encouraged  mainly  by 
the  British  military  posts  in  the  Northwest.  A 
bold  and  adventurous  spirit,  George  Kogers  Clarke, 

l  See  Hen.  Stat.  vol.  ix.  pp.  428  and  477. 
VOL.  i.  17 


194  LIFE  AND  TIMES   OF  MADISON. 

a  native  of  Albemarle  county  in  Virginia,  inured 
to  scenes  of  pioneer  life,  conceived  the  hardy 
project  of  extinguishing  these  savage  cruelties 
in  their  source,  by  striking  a  blow  at  once  at 
the  enemy's  posts  on  the  waters  of  the  Missis 
sippi. 

An  act  was   accordingly  passed  which  author 
ized  the  "  Governor,  with  the  advice  of  the  Privy 
Council,"    to    organize   an   expedition   "to  march 
against  and  attack  any  of  our  Western  enemies," 
to    appoint    the*  proper    officers,    and    give    the 
necessary   orders   for    the    expedition.1      A   force 
of   only   two    or    three    hundred    men    could    be 
raised,  which  was  placed  under  the  command  of 
the  dauntless  and  sagacious  genius  that  had  sug 
gested    the   enterprise.     With  this   small  but  he 
roic   band,   he  plunged   into  the  Western  forest, 
traversed    the    Alleghanies,  descended    the    Ohio 
in  rude  and  frail  barks,  and   penetrating   thence 
through  a  difficult  and  almost  impassable  region 
of  swamps  and  floods,  appeared  before  the  Brit 
ish  fort   of  Kaskaskias    on    the    borders    of    the 
Mississippi,  surprised  and  captured  it,  though  de 
fended   by  greatly  superior    numbers,   and   then, 
without    allowing    a    moment's    pause   for   either 
repose  on  the  one  hand,  or  alarm  on  the  other, 
successively  reduced   several   others   of   the    ene 
my's    posts.     This    sudden    and    miraculous    con 
quest, —  superadding  a  new  title  to  her  chartered 
rights,  —  secured  to  Virginia  the  ready  allegiance 

i  See  Hen.  Stat.  vol.  ix.  p.  375. 


CAPTURE   OF  FORT  VINCENNES.  195 

of  the  inhabitants ;  and  at  the  following  session 
of  the  legislature,  an  act  was  passed  for  incor 
porating  into  her  government  the  whole  country 
between  the  Ohio  and  the  Mississippi,  under  the 
name  of  the  county  of  Illinois.1 

At  the  same  time,  a  resolution  of  thanks  to 
the  brave  commander  and  his  companions  in 
arms  was  adopted,  reciting  that  "whereas  Lieu 
tenant-Colonel  George  Rogers  Clarke,  with  a 
body  of  Virginia  militia,  has  reduced  the  British 
posts  in  the  western  part  of  this  Commonwealth 
on  the  River  Mississippi  and  its  branches,  where 
by  great  advantages  may  accrue  to  the  common 
cause  of  America,  as  well  as  to  this  Common 
wealth,"  he  and  the  valiant  officers  and  men 
under  his  command  justly  merit  "the  thanks  of 
this  Assembly  for  their  extraordinary  resolution 
and  perseverance  in  so  hazardous  an  enterprise, 
and  for  the  important  services  they  have  ren 
dered  their  country." 2  Stimulated  by  the  meed 
of  his  country's  applause,  this  gallant  and  daring 
commander,  with  a  yet  smaller  band  of  heroic 
followers,  some  months  afterwards,  (the  24th  of 
February,  1779,)  eclipsed  even  his  former  achieve 
ments  by  the  capture,  against  every  possible 
odds  of  fortune,  as  well  as  the  most  formidable 
obstacles  of  nature,  of  Fort  Vincennes  on  the 
Wabash.  With  its  garrison,  he  took  prisoner 
the  governor  of  Detroit,  Hamilton,  the  odious 

1  See  Hen.  Stat.  vol.  ix.  p.  552. 

2  Journal  of  House  of  Delegates  of  the  23d  of  November,  1778. 


196  LIFE   AND  TIMES   OF  MADISON. 

patron  and  instigator  of  Indian  barbarities,  whose 
treatment,  under  the  laws  of  war,  subsequently 
gave  rise  to  extremely  delicate  and  important 
questions  for  the  consideration  of  the  governor 
and  council  of  Virginia,  and  of  the  command  er- 
in-chief  of  the  army.1 

In  recurring  to  the*  contemporaneous  progress 
of  the  general  contest,  we  find  the  first  year  of 
Mr.  Madison's  connection  with  the  executive  of 
Virginia  attended  by  a  mixture  of  political  and 
military  events  of  the  highest  interest  on  the 
national  theatre.  So  decisive  an  advantage  as 
that  achieved  by  the  American  arms  in  the  cap 
ture  of  Burgoyne's  army,  in  the  autumn  of  1777, 
could  not  but  inspire  with  new  confidence  the 
governments  of  Europe,  who  were  disposed  to 
regard  with  sympathy  and  encouragement  the 
transatlantic  struggle  for  independence.  In  Feb 
ruary,  1778,  France  concluded  treaties  both  of 
friendship  and  commerce,  and  of  alliance,  with 
the  United  States.  This  event  was  hailed  with 
universal  joy  in  America.  The  news  of  it  was 
received  early  in  May,  and  was  followed  by 
public  demonstrations  of  the  national  feeling,  in 
which  the  army  bore  an  imposing  part. 

One  of  the  earliest  consequences  of  this  event 
was  the  evacuation  of  Philadelphia  by  the  ene 
my's  forces.  Sir  Henry  Clinton  was  justly  ap 
prehensive  that  the  arrival  of  a  French  fleet  in 

l  See   Writings  of  Jefferson,  vol.  i.  pp.    168-171,   and   451-459 
Also  Sparks's  Washington,  vol.  vi.  pp.  315-317,  and  407. 


BATTLE   OF  MONMOUTH.  197 

the  Delaware,  if  not  forestalled,  might  finally 
cut  off  his  retreat,  and  literally  fulfil  what  Dr. 
Franklin  had  said  on  first  hearing  the  news  of 
the  hostile  occupation  of  Philadelphia :  "  Say  not 
that  the  British  army  has  taken  Philadelphia, 
but  rather  that  Philadelphia  has  taken  the  Brit 
ish  army."  On  the  morning  of  the  18th  of 
June,  the  British  commander  withdrew  from 
Philadelphia,  and  commenced  his  long  and  toil 
some  march  through  the  Jerseys.  On  the  29th 
instant  he  was  brought  to  action  in  the  memora 
ble  and  glorious  field  of  Monmouth,  where  the 
roused  lion  of  Washington's  nature  again  broke 
forth  with  irresistible  energy,  and  in  spite  of  the 
reluctant  and  faltering  cooperation  on  the  part 
of  the  general  next  in  command  to  himself,  he 
remained  in  possession  of  the  field  of  battle.1 

Sir  Henry  Clinton  continued  his  retreat,  and 
arrived  with  his  shattered  forces  in  New  York 
the  very  day  that  the  French  fleet  under  Count 
d'Estaing  made  its  appearance  on  the  American 
coast.  An  unfortunate  failure  of  the  neces 
sary  concert  between  the  naval  force  of  Count 
d'Estaing  and  the  American  land  forces,  in  a 
combined  attack  on  the  enemy's  position  in 

1    Lafayette,    speaking    of    the  sa  presence  d'esprit  ne  furent  ja- 

bearing  of  Washington  in  the  bat-  mais  mieux  deployees."    Me'moires 

tie  of  Monmouth,  says  :     "  Dans  de  Lafayette,  vol.  i.  p.  53.     See 

cette  affaire,  mal   preparee,  mais  his  graphic  letter  to  Judge  Mar- 

bien  finie,  le  General  Washington  shall,  to  the  same  effect,  in  Life 

eembla  d'un  coup  d'ceil  arreter  la  of  Washington,  vol.  i.  p.  255. 
fortune ;  et  sa  noblesse,  sa  grace, 
17* 


198  LIFE   AND  TIMES   OF  MADISON. 

Ehode   Island,  prematurely  terminated    the    cam 
paign. 

In  the  midst  of  these  events,  a  paltry  but 
persevering  attempt  at  reconciliation  was  set  on 
foot  by  the  British  ministry.  The  news  of  Bur- 
goyne's  surrender  had  produced  as  much  morti 
fication  and  dejection  in  the  councils  of  England, 
as  it  had  given  confidence  and  boldness  to  the 
policy  of  France.  The  prime  minister,  Lord 
North,  it  has  been  said,  even  wept  in  announc 
ing  the  intelligence  to  the  House  of  Commons.1 
After  appealing  to  the  patriotism  and  loyalty  of 
the  people  of  England  for  voluntary  succours,  he 
brought  in  three  bills,  commonly  known  by  the 
name  of  the  "conciliatory  bills;"  two  of  which 
virtually  retracted  all  the  claims  of  parliamen 
tary  power,  in  which  the  revolutionary  contro 
versy  had  its  origin,  and  the  third  provided  for 
the  appointment  of  commissioners  who  should  be 
duly  authorized  to  treat  and  agree  to  a  pacifica 
tion  on  that  basis.  The  whole  scheme,  however, 
proceeded  on  the  assumption  that  the  American 
States  were  to  return  to  their  colonial  depend 
ence  upon  the  British  crown. 

Copies  of  these  bills  were  sent  to  America,  as 
soon  as  they  were  introduced, —  and  before  they 
could  be  passed  through  the  necessary  forms  of 
legislation,  —  in  the  hope  that  they  might  have 
the  effect  of  preventing  the  consummation  of  the 
alliance  with  France.  Governor  Tryon  addressed 

l  Belsham,  History  of  Great  Britain,  vol.  VI.  pp.  334,  335. 


CONDUCT   OF  ROYAL   COMMISSIONERS.        199 

them  to  General  Washington,  by  whom  they 
were  immediately  laid  before  Congress.  That 
body  promptly  and  unanimously  resolved  that 
they  would  hold  no  conference  or  treaty  with 
any  commissioners  on  the  part  of  Great  Britain, 
unless  they  should,  as  a  preliminary,  either  with 
draw  their  fleets  and  armies,  or  acknowledge,  in 
positive  and  express  terms,  the  independence  of 
the  States.  These  proceedings  took  place  on 
the  22d  of  April,  1778 ;  and  were  ordered,  to 
gether  .  with  copies  of  the  proposed  bills,  to  be 
forthwith  promulgated  to  the  public.  They  were 
adopted  in  entire  ignorance  of  the  conclusion  of 
the  treaties  with  France,  which  did  not  arrive 
until  a  fortnight  afterwards,  when  they  were 
instantly  and  unanimously  ratified  by  Congress. 

The  royal  commissioners,  Lord  Carlisle,  Gover 
nor  Johnstone,  and  Mr.  Eden  (afterwards  Lord 
Auckland),  arrived  in  Philadelphia  about  the  1st 
of  June,  and  addressed  a  communication  to  Con 
gress,  setting  forth,  in  specious  and  glozing 
terms,  the  objects  of  their  mission.  To  this 
communication  Congress  returned  the  answer 
they  had  already  given,  when  the  copies  of  the 
"conciliatory  bills"  were  first  laid  before  them, 
but  in  yet  more  decisive  and  emphatic  language. 
The  commissioners  still  continued  their  efforts ; 
one  of  them  superadding  the  attempt  to  influ 
ence  individual  members  by  sordid  and  dishonor 
able  approaches.  Finally,  it  was  determined  to 
hold  no  farther  correspondence  with  them. 


200  LIFE  AND  TIMES   OF  MADISON. 

Repulsed  by  the  inflexible  firmness  of  Congress, 
they  published  a  manifesto  which  was  designed 
to  operate,  more  particularly,  on  the  Assemblies 
of  the  respective  States.  After  repeating  the 
various  considerations  which  seemed  to  them  so 
strongly  to  invite  an  acceptance  of  the  insidious 
propositions  with  which  they  were  charged,  they 
concluded  their  appeal  by  declaring  that  if  the 
American  people  should  persist  in  rejecting  these 
propositions  and  adhering  to  the  connection  they 
had  formed  with  the  ancient  enemy  of  both  coun 
tries,  it  would  be  the  policy  of  the  British  gov 
ernment  to  render  that  connection  as  little 
profitable  as  possible  to  her  adversary  by  hence 
forward  waging  a  war  of  desolation  upon  the 
country. 

So  shameless  and  revolting  a  declaration,  which 
it  is  gratifying  to  know  met  with  a  scathing  re 
buke  from  the  honorable  and  high-minded  men 
who  formed  the  opposition  in  both  Houses  of 
Parliament,  aroused  one  deep  and  universal  feel 
ing  of  indignant  scorn  and  defiance  throughout 
America.  The  commissioners  made  an  insolent 
attempt  to  convey  copies  of  their  manifesto  to 
the  State  governments  under  the  protection  of 
flags  of  truce.  In  Virginia,  the  legislature,  on 
being  informed  by  the  governor  that  a  British 
officer,  bearing  this  obnoxious  message,  had  ar 
rived  at  Fort  Henry  with  despatches  from  the 
enemy,  which  the  commanding  officer  of  the  fort 
had  refused  to  receive,  adopted  a  resolution  ex- 


OPERATIONS  IN  THE   SOUTHERN   STATES.    201 

pressing  in  warm  terms  their  approbation  of  the 
conduct  of  the  commander  of  the  fort,  and 
instructing  him  to  order  the  officer,  charged 
with  the  despatches,  immediately  to  depart  from 
the  State,  and  to  inform  him  that,  in  future,  any 
person  making  a  like  attempt  should  be  treated 
as  an  enemy  to  America.1  Thus  ended,  in  dis 
comfiture  and  disgrace  to  the  British  missionaries 
and  their  patrons  at  home,  the  political  cam 
paign  of  1778,  which  had  gone  on  hand  in  hand 
with  the  military. 

The  year  1779  opened  with  a  new  system  of 
operations  on  the  part  of  the  enemy.  Foiled  in 
all  their  attempts  to  effect  any  general  occupa 
tion  of  the  country  in  the  face  of  the  American 
army  at  the  North,  their  attention  was  now 
turned  to  the  South,  where  the  comparative 
sparseness  of  the  population  and  the  absence  of 
military  preparation  and  organization  opened  to 
them  an  easier  and  less  obstructed  field  for  their 
operations.  An  expedition  set  on  foot  from  New 
York,  under  the  command  of  Lieutenant-Colonel 
Campbell,  attended  by  a  squadron  under  Com 
modore  Hyde  Parker,  had  taken  possession  of 
Savannah,  and  being  soon  afterwards  joined  by 
a  larger  force  from  East  Florida  under  the  com 
mand  of  Major-General  Prevost,  the  State  of 
Georgia  was  speedily  reduced,  and  South  Caro 
lina  seriously  threatened. 

1  See  Journal  of  House  of  Delegates,  under  date  of  the  1 7th  of 
October,  1778. 


202  LIFE  AND  TIMES   OF  MADISON. 

In  the  month  of  May,  Virginia  was  honored 
with  a  visit  from  the  enemy.  An  expedition  of 
two  thousand  men  under  General  Matthew,  con 
voyed  by  the  British  admiral,  Sir  George  Collier, 
in  person,  made  its  appearance  in  Hampton  Roads 
on  the  9th  of  that  month.  There  being  no  force 
collected  to  resist  them  but  the  small  garrison 
of  Fort  Nelson,  they  landed  without  difficulty, 
destroyed  the  stores  accumulated  at  Portsmouth 
and  Gosport,  burnt  the  little  town  of  Suffolk, 
and  rioted  in  the  wanton  destruction  of  private 
as  well  as  public  property  for  a  week  or  two, 
when  they  returned,  with  such  inglorious  laurels 
as  plunder  and  devastation  could  give  them,  to 
the  common  rendezvous  at  New  York. 

At  the  time  of  this  invasion,  there  was  in  the 
neighbourhood  of  Williamsburg  a  force  of  two 
thousand  men  which  had  been  raised  in  Virginia 
for  the  continental  service,  and  which  was  now 
momentarily  detained  from  its  destination,  in  con 
sequence  of  the  irruption  of  the  enemy.  On  the 
20th  of  the  month,  however,  the  House  of  Dele 
gates  passed  a  resolution  that  the  march  of  these 
recruits,  which  had  been  ordered  by  Congress  to 
the  South,  should  not  be  delayed  for  the  pur 
poses  of  the  State  ;  whose  immediate  defence,  it 
was  declared,  should  rest  on  its  own  militia  and 
regular  troops.  At  the  same  time,  the  governor 
and  council  were  requested  to  urge  forward  the 
march  of  that  portion  of  the  militia  of  the  State 
which  had  been  already  drafted  for,  the  succour 


JEFFERSON,   GOVERNOR  OF  VIRGINIA.         203 

of  South  Carolina.  In  the  midst  of  her  own 
dangers,  Virginia  did  not  forget  her  obligations 
to  her  sister  States  and  to  the  common  cause.1 

With  these  events,  terminated  the  administra 
tion  of  Mr.  Henry  as  governor  of  Virginia.  He 
had  fulfilled,  under  successive  annual  elections, 
the  whole  term  of  service  (three  years)  admitted 
by  the  provisions  of  the  constitution ;  and  Mr. 
Jeiferson  was  now  chosen  his  successor.  Mr. 
Madison  continued  a  member  of  the  Executive 
Council  a  few  months  more,  under  the  new  ad 
ministration  ;  and  the  close  and  more  intimate 
association,  commencing  in  this  branch  of  the 
public  service  of  their  native  State,  laid  the 
foundation  of  that  long  and  unbroken  friendship 
which  united  these  illustrious  men  in  all  the 
trials  of  their  future  lives,  and  attended  them  to 
the  close  of  their  career. 

The  day  after  Mr.  Jefferson's  election,  a  reso 
lution  of  an  unusual  and  anomalous  character 
was  adopted  by  the  legislature  of  Virginia.  It 
served,  however,  to  evince  her  earnest  attach 
ment  to  the  common  cause,  and  a  strong  de 
termination  to  defeat  the  machinations  of  its 
adversaries,  whether  foreign  or  domestic.  In  the 
insidious  efforts  made,  during  the  last  year,  to 
regain  for  England  her  lost  American  empire,  it 
was  frequently  insinuated  by  the  royal  commis 
sioners  that  the  ratification  of  the  French  alli 
ance  by  Congress  was  not  binding  upon  the 

1  See  Journal  of  House  of  Delegates,  May  session,  1779,  p.  15. 


204  LIFE   AND   TIMES   OF  MADISON. 

national  faith,  as  the  articles  of  confederation, 
which  gave  to  that  body  authority  to  conclude 
treaties  with  foreign  powers,  had  not  received 
the  confirmation  of  all  the  States,  which  was 
made  necessary  to  their  validity.  Maryland  had 
not  yet  given  her  signature  to  them;  whereby 
the  compact  remained  without  full  binding  force 
upon  any  of  the  parties. 

It  was  in  this  state  of  things  that  Virginia, 
with  the  view  of  cutting  off  pernicious  intrigues, 
whether  from  within  or  without,  to  detach  her 
from  the  French  alliance,  or  to  seduce  any  por 
tion  of  her  people  by  the  dangerous  and  delu 
sive  project  of  a  separate  arrangement  with  the 
enemy,  which  the  terms  of  the  alliance  expressly 
forbade,  determined  to  silence  at  once  all  cavils 
as  to  the  obligation  of  the  treaty,  so  far  as  she 
was  concerned,  by  a  formal  ratification  of  it  by 
her  own  act  and  in  her  own  name.  Accordindv, 

O    «/  ' 

on  the  2d  day  of  June,  1779,  a  resolution  was 
passed  by  the  legislature,  nemine  contradicente,  de 
claring  that  "the  treaties  of  alliance  and  com 
merce  between  His  Most  Christian  Majesty  of 
France  on  the  one  part,  and  the  Congress  of  the 
United  States  of  America  on  the  other  part, 
ought  to  be  ratified  and  confirmed,  so  far  as  is 
in  the  power  of  this  Commonwealth,  and  the 
same  are  hereby  ratified,  confirmed,  and  declared 
binding  on  this  Commonwealth."  The  governor 
was,  at  the  same  time,  requested  "to  notify  to 
the  minister  of  His  Most  Christian  Majesty,  resi- 


NEGOTIATIONS  WITH   SPAIN.  205 

dent  at  Philadelphia,  the  above  ratification  under 
the  seal  of  the  Commonwealth.1  This  proceed 
ing, —  doubtless  an  irregularity  in  a  diplomatic 
and  political  sense,  —  stands  redeemed  to  every 
ingenuous  mind  by  the  loyal  motives  of  national 
honor  and  inflexible  patriotism  which  dictated  it. 
It  was  the  earnest  desire  both  of  France  and 
the  United  States  to  secure  the  cooperation  of 
Spain  in  the  contest  now  waging  against  the 
vast  military  and  naval  power  of  England.  Over 
tures  were  early  made  by  Congress  through  Dr. 
Franklin  at  Versailles,  who  addressed  a  letter  on 
the  subject  to  Count  d'Aranda,  the  Spanish  min 
ister  at  the  same  court ;  and  more  recently, 
Mr.  Arthur  Lee  had  been  accredited  directly  to 
Madrid.  But  the  time  had  not  yet  come  for  the 
cautious  and  dilatory  councils  of  the  Spanish  mon 
archy  to  entertain  a  proposition  so  doubtful  and 
hazardous.  When  the  King  of  France  had  made 
up  his  mind  to  give  aid  to  the  American  Colonies 
in  their  struggle  for  independence,  he  indited  a 
letter  under  his  own  hand  to  Charles  III,  ear 
nestly  urging  him  to  take  part  against  the  com 
mon  enemy.  The  advice,  however,  was  far  from 
being  acceptable  to  his  Catholic  Majesty ;  who 
even  complained  that,  in  a  matter  in  which  there 
should  have  been  a  previous  understanding  and 
friendly  concert  between  the  two  branches  of  the 
house  of  Bourbon,  the  King  of  France  had  already 
committed  himself,  without  consulting  him. 

1  See  Journal  of  House  of  Delegates,  May  session,  1779,  p.  82. 
VOL.  I.  18 


206  LIFE   AND   TIMES   OF  MADISON. 

Instead,  therefore,  of  entering  into  the  war, 
the  King  of  Spain  offered  his  mediation  to  the 
belligerent  powers,  to  bring  about  a  pacification 
which  would,  of  course,  include  the  American 
States.  The  mediation  was  cordially  accepted  by 
France,  and  not  declined  by  England.  Negotia 
tions  were  carried  on  by  the  mediator  for  eight 
or  nine  months,  which  the  haughty  spirit  of 
Great  Britain  at  length  brought  to  an  abrupt 
close ;  and  the  King  of  Spain,  no  longer  able  to 
avoid  the  obligations  of  the  family  compact,  in 
June,  1779,  recalled  his  ambassador  from  London, 
with  a  virtual  declaration  of  war  against  Eno-- 

11  00 

land. 

Apprehensive,  however,  for  the  security  of  his 
own  empire  in  America,  he  was  not  willing  to 
become  a  party  to  the  alliance  between  France 
and  the  United  States,  unless  the  latter  should 
first  renounce  their  claim  to  the  navigation  of 
the  Mississippi,  and  also  limit  their  territorial 
pretensions  within  the  Alleghany  mountains,  as 
their  extreme  western  boundary.  France,  attach 
ing  the  highest  importance  to  the  naval  coop 
eration  of  Spain  in  the  American  war,  and  anx 
ious  also  to  restore  the  cordiality  of  her  relations 
with  her  ancient  ally,  used  all  her  influence  with 
the  United  States  to  obtain  from  them  the  con 
cessions  demanded  by  Spain  as  the  condition  of 
her  accession  to  the  alliance.  These  concessions, 
however,  involved  interests  of  far  too  vital  a 
nature  to  the  United  States  to  be  easily  yielded ; 


MISSISSIPPI  AND  WESTERN  LANDS.  207 

and  we  shall  see  that  they  formed  the  Gor- 
dian  knot  of  the  foreign  negotiations,  as  well  as 
of  the  domestic  councils,  of  the  Confederacy  for 
years  yet  to  come.  No  State  was  more  deeply 
interested  in  these  questions  than  Virginia  ;  and 
by  a  resolution  of  her  Assembly,  adopted  the 
5th  of  November,  1779,  her  delegates  in  Con 
gress  were  instructed,  "  in  the  pending  negotia 
tions  with  Spain,  to  use  their  utmost  endeavours 
to  obtain  an  express  stipulation  in  favor  of  the 
United  American  States,  for  the  free  navigation 
of  the  river  Mississippi  to  the  sea,"  with  a  free 
port  and  other  easements  on  the  shores  and  at 
the  mouth  of  the  river.1 

Within  a  short  time  after  the  adoption  of  this 
resolution,  another  act  of  the  General  Assembly 
of  Virginia,  of  a  very  marked  character,  served 
to  show  how  delicate  and  sensitive  were  the  ques 
tions  relating  to  that  Western  territory,  on  which 
Spain  had  fixed  an  eye  of  covetous  and  ambi 
tious  desire.  Virginia,  in  virtue  of  her  chartered 
limits,  as  well  as,  recently,  by  right  of  con 
quest,  claimed  a  large  domain,  stretching  away 
from  the  mountain  barrier  of  the  Alleghanies  to 
the  banks  of  the  Mississippi  and  the  shores  of 
the  northern  lakes.  Some  private  land  compa 
nies  (the  Indiana  and  Vandalia  especially)  had 
set  up  claims  to  extensive  portions  of  this  terri 
tory  in  opposition  to  her  laws,  and  appealed  to 
Congress  to  protect  their  alleged  titles  against 

l  See  Hen.  Stat.  vol.  x.  pp.  535,  536. 


••• 


208  LIFE  AND  TIMES   OF  MADISON. 

the  jurisdiction  of  Virginia.     The  General  Assem 
bly  of  the  State,  on  the  10th  day  of  December, 
1779,  adopted  a    remonstrance,  addressed  to  the 
Congress  of  the  United  States,  asserting  in  strong 
terms    « her  exclusive   rights  of  sovereignty  and 
jurisdiction  within  her  own  territory";  and,  while 
professing  every  disposition  to  make  sacrifices  to 
the  common  interest  of  America,  protesting  ener 
getically  against  any  jurisdiction  or  right  of  adju 
dication  in  Congress  on  the  matter  of  the  above- 
mentioned    petitions,  or  upon    any  other  matter 
"interfering  with  the    internal    policy,    civil  gov 
ernment,  or  sovereignty  of  the  several  States,  in 
cases  not  warranted  by  the  articles  of  confedera 
tion."  ' 

It  was  in  the  midst  of  these  grave  and  diffi 
cult  questions  of  foreign  and  domestic  policy, 
and  at  a  most  critical  and  embarrassed  period 
of  the  great  contest  for  American  Independence, 
that  Mr.  Madison  was  sent  forth  to  exert  his 
patriotism  and  talents  on  the  theatre  of  the  na 
tional  councils.  On  the  14th  of  December,  1779, 
at  the  age  of  twenty-eight  years,  he  was  chosen' 
by  the  General  Assembly  of  Virginia  one  of  the 
delegates  to  represent  the  State  in  the  Congress 
of  the  Confederation. 

i  See  Journal  of  the  House  of  Delegates  of  the  date  referred  to 
The  Remonstrance  was,  doubtless,  drawn  by  George  Mason. 


CHAPTEE    VII. 

Confederate  Government  the  first  and  natural  Want  of  the    Social 
State  in  America  -  Successive  Stages  of  its  Development  -  Extent 
and  Detail  of  the  Powers  of  Congress  under  the  Articles  of  Con 
federation-Number   and    Character   of  its   Members  -  Earnest 
Appeal  of  Washington  on  Behalf  of  the  National  Service -Col 
leagues   of  Madison   in    Congress  -  Gloomy  Condition  of  Public 
Affairs  at  the  Period  of  his  Entrance  on  the  National  Theatre  — 
Causes  of  the  Public  Distress  —  Financial  Embarrassments -^Strik 
ing  Letter  of  Mr.  Madison  on  the  Subject-  Committee  appointed 
by   Congress    to  confer    with    the  Commander-in-chief  —  Military 
Preparations  and  Events  -  French  Land  and  Naval  Forces  arrive 
in  the  United  States  -  Reduced  to  Inactivity  by  the  Naval  Supe 
riority  of  the  Enemy -Disasters  of  the  Campaign -The  Neces 
sity  of  increased  Vigor  and   Foresight -^  Views  of  Mr.   Madison 
with  Regard  to  both  Financial  and  Political  Reform— His  Consti 
tutional  Creed -Measures  adopted  by  Congress  -  Representation 
addressed   to  the    King  of  France  -  Special   Mission  of  Colonel 
John  Laurens. 

THE  Congress  of  the  Confederation,  of  which 
Mr.  Madison  was  now  a  member,  was  the  su 
preme  and  central  authority  on  which  depended 
the  conduct  of  the  war,  the  struggle  for  inde 
pendence,  and  every  great  interest  common  to 
the  confederated  States.  Federal  association,  in 


210  LIFE   AND  TIMES   OF  MADISON. 

some  form  or  other,  was  so  obviously  dictated 
by  the  circumstances  of  Colonies  planted  in  a 
new  and  distant  hemisphere,  all  springing  from 
a  common  national  parentage,  speaking  the  same 
language,  and  governed  by  kindred  institutions, 
civil  and  social,  that  it  may  be  said  to  be  the 
natural  and  spontaneous  growth  of  the  American 
soil.  Thus  arose,  as  early  as  1643,  the  Confed 
eracy  of  the  "United  Colonies  of  New  England," 
which  maintained  a  virtually  independent  admin 
istration  of  the  affairs  of  those  Colonies,  under  a 
nominal  subjection  to  the  metropolitan  authority 
of  England,  for  the  space  of  near  half  a  century. 
The  Albany  Plan  of  Union  of  1754,  embracing 
all  the  Colonies  from  New  Hampshire  to  Georgia, 
though  specially  evoked,  at  the  moment,  by  the 
prospect  of  an  impending  war  with  France,  was 
the  result  of  the  same  permanent  law  of  recipro 
cal  attraction  and  mutual  dependence,  which  binds 
together,  in  one  harmonious  whole,  the  elements 
of  American  greatness. 

That  plan  was  lost  through  the  dormant  jeal 
ousies  which  even  then  existed  between  the 
mother  country  and  its  Colonies  ;  but  it  was  re 
served  for  the  master  mind  which  conceived  it1 
to  propose,  in  the  Congress  of  1776,  when  the 
final  and  inevitable  rupture  had  taken  place, 
another  scheme  of  "  Confederation  and  perpetual 
Union,"  which  became  the  groundwork  on  which 
the  system  actually  adopted  by  independent 

l  Franklin. 


POWERS   OF   CONTINENTAL   CONGRESS.        211 

America  to  maintain  her  struggle  with  the  par 
ent  state  was  built  up.  Such,  however,  was  the 
inherent  difficulty  of  balancing  the  centripetal 
and  centrifugal  forces  in  the  new  political  sys 
tem  that,  though  the  task  was  referred  in  June, 
1776,  to  a  committee  consisting  of  one  member 
from  each  State,  which  made  its  report  on  the 
12th  day  of  the  following  month,  the  "Articles" 
were  not  finally  agreed  upon  in  Congress  until 
the  15th  day  of  November,  1777;  and  they  yet 
wanted  the  assent  of  the  legislature  of  one  State 
(Maryland)  to  complete  the  unanimous  ratifica 
tion  required,  when  Mr.  Madison  took  his  seat 
in  the  Federal  Assembly. 

Under  these  articles, —  which,  although  not  yet 
complete  in  point  of  legal  validity,  formed,  by 
common  consent,  the  rule  of  procedure  for  the 
federal  authority,  and  the  States  in  their  rela 
tions  with  each  other,  —  the  general  Congress 
exercised  the  widest  possible  range  of  political 
functions,  legislative,  executive,  and  even  judi 
cial.  It  possessed  the  power  of  peace  and  war; 
conducted  foreign  negotiations ;  received  ambas 
sadors  and  ministers ;  appointed  diplomatic  agents 
of  its  own,  as  well  as  all  civil  and  military  offi 
cers  of  the  higher  grades  employed  in  the  ser 
vice  of  the  United  States ;  exercised  a  general 
superintendence  and  control  over  the  operations 
of  the  war;  determined  the  amount  and  descrip 
tion  of  the  land  and  naval  forces  to  be  raised 
by  the  States  ;  fixed  the  sums  of  money  to  be 


LIFE  AND   TIMES   OF  MADISON. 

contributed  by  them  for  the  common  defence 
and  other  purposes,  and  appropriated  the  same ; 
and  in  short  was  charged,  theoretically  at  least, 
with  the  general  interests  of  the  Confederacy  in 
whatever  concerned  its  collective  action  without, 
or  the  preservation  of  harmony  within. 

At  the  same  time,  it  was  declared  to  be  a 
fundamental  canon  of  the  Confederacy  that  "  each 
State  retains  its  sovereignty,  freedom,  and  inde 
pendence,  and  every  power,  jurisdiction,  and 
right  which  is  not,  by  this  confederation,  ex 
pressly  delegated  to  the  United  States  in  Con 
gress  assembled."  Upon  the  vital  subjects  of 
finance  and  military  preparation,  while  Congress 
was  invested  with  the  unlimited  power  of  u  bor 
rowing  money  and  emitting  bills  on  the  credit 
of  the  United  States,"  it  could  raise  neither  rev 
enue  nor  troops  by  any  direct  action  of  its  own, 
but  only  by  requisition  upon  the  States  for  their 
respective  quotas  of  each,  as  apportioned  by  Con 
gress  in  the  ratio  established  by  the  articles  of 
confederation. 

Enfeebled,  and  sometimes  frustrated  in  its  best 
directed  efforts,  as  we  shall  see  Congress  not  un- 
frequently  was,  for  the  want  of  a  direct  power 
to  call  forth  the  resources,  fiscal  and  military, 
of  the  country,  its  sphere  of  action  was  yet  so 
extensive  and  paramount  as  to  demand,  in  its 
members,  abilities  and  virtues  of  the  highest  or 
der.  The  number  of  the  body  was  comparatively 
small.  Each  State  had  but  one  vote  in  the  com- 


WASHINGTON'S  APPEAL.  213 

mon  council,  and  was  limited  to  a  representation 
not  exceeding  seven,  nor  less  than  two,  delegates. 
The  delegates  were  annually  chosen  by  the  leg 
islatures  of  the  several  States;  and  the  same 
person  was  not  capable  of  being  a  delegate  for 
more  than  three  years  in  any  term  of  six.  It 
rarely  happened  that  any  of  the  States  had 
more  than  three  or  four  delegates  present  at 
the  same  time,  and  frequently  some  of  them  had 
not  more  than  their  minimum  number  in  attend 
ance  ;  so  that  the  total  number  of  the  body  as 
sembled  ranged  generally  from  thirty  to  forty. 

After  the  first  two  or  three  years  of  the  war, 
and  especially  after  the  treaty  of  alliance  with  ' 
France,  which  inspired  in  many  an  over-sanguine 
confidence  that  the  contest  would  soon  be  brought 
to  a  successful  close,  not  a  few  of  the  leading 
men  of  the  several  States  grew  weary  of  the 
federal  service,  and  withdrew  from  Congress. 
General  Washington,  deeply  impressed  with  the 
fatal  consequences  threatened  by  this  abandon 
ment  of  the  federal  councils  by  men  of  large 
experience  and  tried  abilities,  addressed  letters 
of  earnest  remonstrance  to  several  of  his  confi 
dential  friends  on  the  subject.  Among  these  was 
Mr.  Benjamin  Harrison,  of  Virginia  ;  and  in  a 
letter  of  the  18th  of  December,  1778,  to  that 
gentleman,  who  was  then  Speaker  of  the  House 
of  Delegates  of  his  own  State,  he  pleads  thus 
impressively  the  claims  of  the  national  service. 

"As   there  can   be   no   harm   in  a  pious  wish 


214  LIFE   AND  TIMES   OF  MADISON. 

for  the  good  of  one's  country,  I  shall  offer  it  as 
mine  that  each  State  would  not  only  choose,  but 
absolutely  compel,  their  ablest  men  to  attend 

Congress Without   this,   to    how 

little  purpose  are  the  States  individually  framing 
constitutions,  providing  laws,  and  filling  offices 
with  the  abilities  of  their  ablest  men.  These, 
if  the  great  whole  is  mismanaged,  must  sink  in 
the  general  wreck,  which  will  carry  with  it  the 
remorse  of  thinking  that  we  are  lost  by  our  own 
folly  or  negligence,  or  by  the  desire,  perhaps, 
of  living  in  ease  and  tranquillity  during  the  ex 
pected  accomplishment  of  so  great  a  revolution, 
in  the  effecting  of  which  the  greatest  abilities 
and  the  most  honest  men  our  American  world 
affords,  ought  to  be  employed.  It  is  much  to 
be  feared,  my  dear  sir,  that  the  States,  in  their 
separate  capacities,  have  but  very  inadequate 
ideas  of  the  present  danger.  Many  persons,  re 
moved  far  distant  from  the  scene  of  action,  and 
seeing  and  hearing  such  publications  only  as 
flatter  their  wishes,  conceive  that  the  contest  is 
at  an  end,  and  that  to  regulate  the  government 
and  police  of  their  own  State  is  all  that  remains 
to  be  done ;  but  it  is  devoutly  to  be  wished  that 
a  sad  reverse  of  this  may  not  fall  upon  them, 
like  a  thunder  clap  that  is  little  expected." 

This  glowing,  and  even  pathetic  expostulation 
of  the  great  chief,  on  whose  Atlantean  shoulders 
was  cast  the  main  burthen  of  the  contest,  had 
not  all  the  effect  he  desired.  Mason,  Wythe, 


COLLEAGUES   OF  MADISON  IN   CONGRESS.    215 

Jefferson,  Nicholas,  Pendleton,  Nelson, —  to  whom, 
in  a  subsequent  letter  to  Colonel  Harrison,1  he 
severally  appealed  by  name,  —  still  remained, 
from  the  influence  of  considerations  of  a  public 
or  private  nature,  in  the  councils  of  the  State. 
Mr.  Henry,  immediately  after  the  close  of  his 
executive  administration,  was  again  chosen  by 
the  legislature  a  delegate  to  the  general  Con 
gress  ;  but  he  soon  resigned  the  appointment, 
without  ever  having  taken  his  seat  under  it. 
Richard  Henry  Lee,  after  three  years  continuous 
service  since  his  last  appointment,  had  just  re 
tired  under  the  obligatory  rotation  established  by 
a  law  of  the  State,  as  well  as  the  articles  of 
confederation. 

Virginia  had  limited  her  number  of  delegates 
to  five ;  and  to  fill  the  vacancies  which  now 
existed  in  her  representation,  Mr.  Joseph  Jones, 
a  confidential  friend  of  Washington,  —  who  had 
already  served  for  a  short  time  in  Congress  dur 
ing  the  year  1777,  and  now  gave  up  an  honor 
able  place  as  one  of  the  judges  of  the  general 
court  of  Virginia  to  return  to  that  service, — - 
Mr.  James  Henry,  a  distant  kinsman  of  the  great 
orator,  and  Mr.  John  Walker  were  appointed, 
with  Mr.  Madison,  delegates  for  the  current  term, 
which  would  end  the  first  Monday  in  November, 
1780.  The  representation  was  completed  by  Mr. 
Cyrus  Griffin,  one  of  the  old  members,  who  re 
tained  his  seat  under  an  unexpired  term.  Mr. 

1  See  Sparks's  Washington,  vol.  vi.  p.  152. 


216  LIFE  AND  TIMES   OF  MADISON. 

Madison  appeared  and  took  his  seat  the  20th  of 
March,  1780,  Mr.  James  Henry  the  21st  of  April, 
and  Mr.  Jones  the  24th  of  that  month.  The 
attendance  of  Mr.  Walker  is  shown  only  by  the 
secret  journal,  and  for  a  short  time. 

Nothing  could  have  been  more  gloomy  and 
discouraging  than  the  aspect  of  public  affairs  at 
the  period  when  Mr.  Madison  entered  upon  his 
national  career.  The  main  body  of  the  Amer 
ican  army  was  still  in  winter  quarters  at  Morris- 
town,  and  almost  on  the  verge  of  dissolution 
from  the  combined  effect  of  short  supplies  of 
food  and  clothing,  short  terms  of  enlistment,  and 
the  spirit  of  dissatisfaction,  approaching  to  mu 
tiny,  which  those  causes  naturally  produced. 
These  brave  men  were  by  turns,  and  for  weeks 
together,  without  meat  or  without  bread ;  and 
in  the  extremity  of  their  distresses,  could  not 
always  be  restrained  from  irregular  modes  of 
supplying  their  wants,  which  the  law  of  self- 
preservation  seemed  to  excuse,  if  not  to  justify. 
On  the  3d  of  April,  1780,  the  commander-in-chief 
wrote  to  the  president  of  Congress  :  — 

"  I  think  it  my  duty  to  touch  upon  the  gen 
eral  situation  of  the  army  at  this  juncture.  It 
is  absolutely  necessary  that  Congress  should  be 
apprised  of  it,  for  it  is  difficult  to  foresee  what 
may  be  the  result ;  and  as  very  serious  conse 
quences  are  to  be  apprehended,  I  should  not  be 
justified  in  preserving  silence.  There  never  has 
been  a  stage  of  the  war  in  which  the  dissatis- 


FINANCIAL  EMBARRASSMENTS.  217 

faction  has  been  so  general  or  alarming.  It  has 
lately,  in  particular  instances,  worn  features  of  a 
very  dangerous  complexion." 

This  unhappy  and  critical  state  of  things  was 
the  consequence  of  the  almost  total  loss  of  public 
credit,  which  had  at  length  resulted  from  the 
financial  system  that  had  been  adopted  for  the 
prosecution  of  the  war.  Many  considerations  for 
bidding  a  large  recourse  to  taxes,  which  depended, 
moreover,  exclusively  on  the  State  governments, 
Congress  resorted  to  the  expedient  of  issuing, 
from  time  to  time,  bills  of  credit  to  meet  the 
expenses  of  the  war ;  until  the  amount  issued 
had  now  reached  the  formidable  sum  of  two 
hundred  millions  of  dollars,  which,  by  a  resolu 
tion  of  the  1st  of  September,  1779,  they  had 
already  determined,  should,  "  on  no  account  what 
ever,"  be  exceeded.1  No  specific  funds  having 
been  provided,  nor  any  certain  period  fixed,  for 
the  redemption  of  these  bills,  they  soon  began  to 
depreciate ;  and  at  this  time  they  passed,  in  trans 
actions  of  business,  at  the  rate  of  forty  dollars  in 
paper  for  one  of  specie. 

In  the  hope,  at  least,  of  arresting  a  farther 
depreciation,  if  not  of  ultimately  restoring  the 
credit  of  the  circulation,  Congress,  on  the  18th 
day  of  March,  1780,  just  two  days  before  Mr. 
Madison  took  his  seat  in  the  body,  adopted  a 
resolution  to  substitute  for  the  old  issues,  as  they 
should  come  in  under  the  requisition  upon  the 

1  See  Journals  of  Congress,  vol.  n.  p.  347. 

VOL.  I.  19 


218  LIFE   AND  TIMES   OF  MADISON. 

States,  new  bills  to  be  made  payable  in  specie 
six  years  after  date,  bearing,  in  the  mean  time, 
an  interest  of  five  per  cent.;  and  specific  funds 
were  to  be  provided  by  the  several  States,  as 
well  as  the  faith  of  the  United  States  to  be 
pledged,  for  the  punctual  payment  of  both  prin 
cipal  and  interest.1  At  the  same  time,  the  actual 
rate  of  depreciation  of  the  bills  already  issued 
was  recognized  and  established,  by  declaring  that 
"gold  and  silver  should  be  received  in  payment 
of  the  quotas  of  the  several  States  at  the  rate 
of  one  Spanish  milled  dollar  in  lieu  of  forty 
dollars  of  the  bills  now  in  circulation ; "  a  regula 
tion  which,  however  intended  by  Congress,  was 
viewed  by  many  of  the  public  creditors,  both  for 
eign  and  domestic,  as  a  virtual  act  of  national 
bankruptcy.2 

The  sudden  and  heavy  depreciation  of  the  bills 
of  credit,  which  now  constituted  almost  the  sole 
pecuniary  resource  of  the  United  States,  by  ren 
dering  the  purchase  of  supplies,  to  any  material 
extent,  practically  impossible,  was  the  immediate 
cause  of  the  alarming  destitution  and  demoral 
ization  into  which  the  army  had  fallen,  under 
the  very  eyes  of  the  commander-in-chief,  and  in 
spite  of  almost  superhuman  efforts  of  vigilance 
and  providence,  on  his  part,  to  avert  the  catas- 

1  See  Journals  of  Congress,  vol.  of  the  American  Revolution,  vol. 

n.  pp.  442-444.  v.  pp.  208-211,  and  213-225  ;  and 

8  See  complaints  of  Count  de  Life  of  Witherspoon  by  Dr.  Ashbel 

Vergennes,  and  Mr.  Adams's  re-  Green, 
ply,  in  Diplomatic  Correspondence 


LETTER  OF  MR.  MADISON.  219 

trophe.  Congress,  despairing  of  obtaining  any 
means  of  purchasing  supplies  in  time  for  the 
ensuing  campaign,  on  the  25th  of  February,  1780, 
adopted  the  novel  and  somewhat  primitive  expe 
dient  of  calling  upon  the  States  to  make  their 
contributions  to  the  common  treasury  in  articles 
of  produce,  —  such  as  flour,  beef,  hay,  and  corn, 
—  instead  of  money.  This  rude  system  of  finance 
was  too  slow  and  awkward  in  its  mechanism  to 
bring  any  immediate  or  sensible  relief;  and  the 
crisis  of  danger  and  anxiety  continued,  for  the 
present,  without  a  single  circumstance  of  allevia 
tion.  We  will  leave  it,  however,  to  Mr.  Madi 
son's  pencil  to  sketch  the  picture  of  national 
embarrassment  and  distress,  which  greeted  him 
on  his  arrival  in  Philadelphia.  On  the  27th  of 
March,  1780,  he  wrote  to  Mr.  Jefferson,  then 
governor  of  Virginia,  in  the  following  terms:  — 
"  Among  the  various  conjunctures  of  alarm  and 
distress  which  have  arisen  in  the  course  of  the 
Kevolution,  it  is  with  pain  I  affirm  to  you  that 
no  one  can  be  singled  out  more  truly  critical 
than  the  present.  Our  army  threatened  with  an 
immediate  alternative  of  disbanding  or  living  on 
free  quarter ;  the  public  treasury  empty ;  public 
credit  exhausted,  —  nay,  the  private  credit  of 
purchasing  agents  employed,  I  am  told,  as  far  as 
it  will  bear;  Congress  complaining  of  the  extor 
tion  of  the  people  ;  the  people,  of  the  improvi 
dence  of  Congress ;  and  the  army,  of  both ;  our 
affairs  requiring  the  most  mature  and  systematic 


220  LIFE   AND   TIMES   OF  MADISON. 

measures,  and  the  urgency  of  occasions  admit 
ting  only  of  temporizing  expedients,  and  these 
expedients  generating  new  difficulties ;  Congress 
recommending  plans  to  the  several  States  for  ex 
ecution,  and  the  States  separately  rejudging  the 
expediency  of  such  plans,  whereby  the  same  dis 
trust  of  concurrent  exertions  that  has  damped 
the  ardor  of  patriotic  individuals,  must  produce 
the  same  effect  among  the  States  themselves ; 
an  old  system  of  finance  discarded  as  incompe 
tent  to  our  necessities,  an  untried  and  precarious 
one  substituted,  and  a  total  stagnation  in  pros 
pect,  between  the  end  of  the  former  and  the 
operation  of  the  latter. 

"These  are  the  outlines  of  the  picture  of  our 
public  situation.  I  leave  it  to  your  own  imag 
ination  to  fill  them  up.  Believe  me,  sir,  as 
things  now  stand,  if  the  States  do  not  vigorously 
proceed  in  collecting  the  old  money,  and  estab 
lishing  funds  for  the  credit  of  the  new,  we  are 
undone ;  and  let  them  be  ever  so  expeditious  in 
doing  this,  still  the  intermediate  distress  to  our 
army,  and  hindrance  to  public  affairs,  are  a  sub 
ject  of  melancholy  reflection.  General  Washing 
ton  writes  that  a  failure  of  bread  has  already 
commenced  in  the  army,  and  that,  for  anything 
he  sees,  it  must  unavoidably  increase.  Meat  they 
have  only  for  a  short  season ;  and  .  as  the  whole 
dependence  is  on  provisions  now  to  be  procured, 
without  a  shilling  for  the  purpose,  and  without 
credit  for  a  shilling,  I  look  forward  with  the 
most  pungent  apprehensions." 


COMMITTEE  TO   CONFER   WITH  WASHINGTON.  221 

To  provide,  if  possible,  some  remedy  for  the 
distresses  of  the  army,  and  to  devise  a  more 
efficient  system  in  the  administration  of  its  vari 
ous  departments,  as  well  as  to  make  arrange 
ments  for  the  ensuing  campaign,  Congress  ap 
pointed  a  committee  of  three  of  its  members  to 
repair  to  headquarters.  They  were  to  consult 
with  the  commander-in-chief  upon  the  necessary 
measures  of  preparation  or  reform,  which  they 
were  authorized,  with  his  advice,  to  carry  at  once 
into  effect,  or  otherwise  to  report  for  the  consid 
eration  of  Congress.1  General  Schuyler,  then  one 
of  the  delegates  of  New  York,  Mr.  Matthews  of 
South  Carolina,  and  Mr.  Peabody  of  New  Hamp 
shire,  were  selected  for  this  important  duty. 
They  continued  at  headquarters,  in  consultation 
with  the  commander-in-chief  for  six  months ;  and 
although  measures  of  great  intrinsic  utility  re 
sulted  from  their  joint  councils,  the  fatal  want 
of  money  and  of  credit  —  those  indispensable  re 
sources  of  war  —  continued  to  embarrass  and 
enfeeble  all  the  operations  of  the  service. 

There  never  had  been  a  period  of  the  war 
wThich  called  for  such  vigorous  and  universal  ex 
ertion.  Charleston  was  invested  by  the  enemy 
with  a  large  land  and  naval  force,  directed  in 
person  by  the  commander-in-chief,  Sir  Henry  Clin 
ton.  In  the  event  of  its  fall,  which  seemed  but 

1  See  Journals  of  Congress,  un-  and  Secret  Journals,  under  date 

der  dates  of  the  6th  and  12th  of  of  the  19th  of  May,  1780,  vol.  I, 

April,  1780,  vol.  in.  pp.  446,  447,  p.  150. 
19* 


222  LIFE   AND   TIMES   OF  MADISON. 

too  probable,  the  whole  Southern  country  would 
be  at  once  exposed  to  be  overrun  by  him.  The 
main  body  of  the  British  army,  left  under  the 
command  of  General  Knyphausen,  continued  in 
possession  of  the  city  of  New  York;  and  from 
thence  daily  threatened  the  adjacent  States,  and 
particularly  New  Jersey,  in  which  the  main  body 
of  the  American  army,  under  the  immediate  com 
mand  of  Washington,  was  quartered. 

In  these  circumstances,  nothing  could  have 
been  more  trying  and  painfully  embarrassing 
than  the  situation  of  the  American  commander- 
in-chief.  His  guardian  care  and  vigilance  were 
summoned,  at  the  same  moment,  to  opposite  and 
widely  distant  points  of  the  compass.  His  means 
of  every  kind  were  greatly  inferior  to  those  of 
the  enemy ;  who  superadded  to  all  his  other  ad 
vantages  the  absolute  command  of  the  water,  by 
which  he  was  enabled  to  transfer  his  forces  and 
supplies,  with  the  velocity  of  the  wind,  from 
place  to  place,  while  the  defenders  of  the  coun 
try  were  doomed  to  long  and  toilsome  marches, 
and  an  almost  impracticable  transportation  by 
land.  Washington  sent  detachment  after  detach 
ment  from  the  main  body  of  his  army  for  the 
defence  of  the  South,  and  was  thus  left  with  a 
remnant  of  continental  troops  reduced  to  three 
thousand  men,  and  such  reinforcements  of  militia 
as  he  could  collect  on  the  spur  of  the  occasion, 
to  face  an  army  greatly  superior  in  numbers 
and  equipments,  and  so  flushed  with  confidence 


ARRIVAL   OF   FRENCH   TROOPS.  223 

that  its  leader,  Knyphausen,  pushed  an  incursion 
into  the  State  of  New  Jersey  to  the  very  verge 
of  Washington's  encampment.  A  few  days  later, 
Sir  Henry  Clinton  himself,  who  had  returned 
to  New  York  immediately  after  the  capture  of 
Charleston,  appeared  and  took  command  of  the 
expedition. 

Thus  beset  on  every  hand,  Washington  was, 
at  the  same  time,  earnestly  and  anxiously  intent 
on  preparations  for  a  great  and  decisive  move 
ment  in  concert  with  our  allies,  which,  he  flat 
tered  himself,  would  put  a  victorious  close,  during 
the  present  campaign,  to  the  contest,  by  giving 
him  possession  of  the  city  of  New  York,  and 
with  it  of  the  main  body  of  the  British  army. 
Lafayette  —  who  seemed,  in  some  sort,  the  tute 
lary  genius  of  American  independence  —  had, 
after  freely  hazarding  his  life  for  the  cause  in 
the  fields-  of  Brandywine  and  Monmouth,  gone 
back  to  his  native  country  to  solicit  of  its  pow 
erful  monarch  the  succours  necessary  to  crown 
the  struggle  with  final  and  complete  success. 
He  had  now  returned  to  America,  and  brought 
with  him  the  royal  promise  of  a  large  reinforce 
ment  of  both  land  and  naval  forces,  —  already 
collected  at  Brest,  and  soon  to  depart  for  the 
coasts  of  the  United  States. 

The  news  diffused  hope  and  joy  through  the 
country,  and  inspired  Congress  with  fresh  vigor 
and  resolution.  They  immediately  called  upon 
the  States  to  pay  into  the  treasury,  within  one 


224  LIFE    AND   TIMES   OF  MADISON. 

month,  the  sum  of  ten  millions  of  dollars  to 
enable  them  to  bring  into  the  field  an  efficient 
army  of  cooperation ;  and,  through  their  com 
mittee  at  headquarters,  as  well  as  by  direct  ap 
peals,  they  employed  every  method  to  stimulate 
the  States  to  furnish,  with  the  utmost  prompti 
tude,  the  supplies  of  specific  articles  required  of 
them  for  the  support  of  the  army.1  On  the 
10th  day  of  July,  the  French  fleet,  under  the 
command  of  the  Count  de  Ternay,  bringing 
a  body  of  five  thousand  troops  under  General 
Count  Rochambeau,  made  its  appearance  at  New 
port.  Nor  was  this  the  full  extent  of  the  prom 
ised  succours.  Another  division  of  the  fleet  was 
soon  to  leave  Brest,  and  bring  with  it  an  addi 
tional  and  nearly  equal  number  of  men. 

Every  thing  now  exhibited  the  eagerness  of 
expectation,  and,  as  far  as  possible,  of  prepara 
tion  on  the  part  of  the  American  army  for  the 
combined,  and  as  it  was  hoped,  decisive  blow. 
Washington  collected  his  forces,  and  moved  for 
ward  to  the  east  of  the  Hudson,  to  be  nearer  to 
his  ally  and  the  object  of  their  joint  enterprise. 
The  command  of  the  water  was  the  sine  qua  non 
of  every  plan  of  operation  that  was  in  contem 
plation.  This  was  unfortunately  lost  by  the  ap 
pearance  on  the  coast,  a  few  days  after  Count 
de  Ternay,  of  Admiral  Graves  with  six  ships  of 
the  line,  which  gave  the  naval  superiority  to  the 
enemy.  It  was  confidently  hoped  to  regain  it 

l  See  Secret  Journal  of  Congress,  vol.  I.  pp.  149-151. 


OF 

UNIVERSITY 


DISASTERS   OF  THE   CAMPAIGN. 

by  the  arrival,  daily  expected,  of  the  second 
division  of  the  French  fleet.  At  length  came 
the  blighting  news  that  the  French  fleet  was 
blockaded  in  the  harbour  of  Brest  by  a  large 
and  superior  force  of  the  enemy.  Hopes  were 
then  turned  to  the  French  squadron  in  the  West 
Indies ;  and  urgent  letters  were  addressed  to  its 
commander,  Count  de  Guichen,  both  by  Wash 
ington  and  De  Ternay,  to  supply  the  required 
naval  reinforcement.  This  last  hope  vanished. 
De  Guichen  had  already  sailed  to  Europe ;  and 
soon  afterwards,  the  British  naval  predominance 
was  still  farther  increased  by  the  arrival  at  New 
York  of  Admiral  Rodney,  with  eleven  ships  of 
the  line  and  four  frigates. 

Thus  ended  in  disappointment,  for  the  present 
season,  the  combined  movements  of  the  French 
and  American  forces,  from  which  so  much  had 
been  expected ;  and  on  which  the  commander-in- 
chief  had,  at  one  time,  fondly  set  his  heart  to 
close  in  triumph,  with  the  pending  campaign,  the 
great  contest  for  American  freedom.  But  the 
time  was  not  yet.  America  was  to  pass  through 
other  trials,  and  to  learn  still  further  lessons  of 
wisdom  and  virtue  in  the  hard  school  of  expe 
rience,  before  she  entered  into  full  possession  of 
the  prize  of  national  independence  for  which  she 
was  contending. 

Disappointment  and  disasters  met  her  in  the 
South,  as  well  as  the  North.  After  the  fall  of 
Charleston,  Cornwallis  swept,  like  a  whirlwind, 


226  LIFE   AND   TIMES   OF  MADISON. 

with  his  ferocious  legions  over  the  Carolinas,  till 
the  native  bravery  and  self-taught  generalship 
of  the  independent  borderers  of  Virginia  and  of 
North  and  South  Carolina  gave  him  a  check  at 
King's  Mountain;  and  thus  opened  the  way  for 
the  future  successes  of  Greene,  of  Morgan,  and 
of  William  Washington,  of  Marion  and  of  Sump- 
ter,  and  of  their  heroic  brethren  in  arms.  A  yet 
deeper  shade  was  to  be  added  to  the  picture  of 
national  trials  and  adversities,  during  this  mem 
orable  year,  by  the  treason  of  Arnold ;  but  even 
in  that,  the  guardianship  of  Providence  was  mani 
fested  in  the  timely  and  critical  discovery  of  a 
secret  impending  blow,  from  which,  if  it  had 
been  permitted  to  fall,  the  recovery  must  have 
been  slow  and  painful  indeed. 

The  many  difficulties  and  embarrassments  of 
the  public  service,  during  the  year,  were  fraught 
with  profitable  lessons  to  every  thoughtful  Amer 
ican  statesman.  It  was  the  business  of  Congress 
to  provide,  as  far  as  possible,  against  their  recur 
rence.  A  mind,  like  Mr.  Madison's,  could  not 
have  been  inattentive  to  so  grave  and  exigent  a 
duty.  He  saw  that  the  primary  source  of  the 
national  disasters  was  in  the  disordered  state  of 
the  public  finances ;  and  that  there  was  no  hope 
of  repairing  these,  unless  some  barrier  could  be 
opposed  to  the  flood  of  depreciated  paper  money 
with  which  the  country  was  inundated.  Congress, 
by  its  resolution  of  the  18th  of  March,  had  sought 
to  diminish,  if  not  wholly  to  correct,  this  evil  by 


STATE  EMISSIONS   OF  PAPER  MONEY.        227 

drawing  in  its  own  issues,  as  far  as  it  was  prac 
ticable  to  do  so :  and  in  order  to  take  away  from 
the  States  the  inducement  to  resort  to  farther 
emissions  of  a  like  kind,  it  had  called  upon  them 
for  contributions  in  specific  articles  instead  of 
money,  nominal  or  real.  It  was  designed  that 
these  specific  supplies  should  be  raised  by  spe 
cific  assessments  on  the  tax  payers ;  but  instead 
of  that,  in  many  of  the  States  it  was  attempted 
to  procure  them  with  new  bills  of  credit  or  cer 
tificates  of  debt  issued  for  the  purpose,  —  thus 
swelling  the  mass  of  depreciated  paper  money, 
which  already  paralyzed  the  operations  of  the 
public  administration,  as  well  as  the  business  of 
the  country. 

In  the  month  of  October,  1780,  Mr.  Madison 
addressed  a  letter  from  Philadelphia  to  his  col 
league,  Mr.  Jones,  —  who  was  then  attending  a 
session  of  the  State  legislature,  of  which  he  was 
a  member  at  the  same  time  as  of  Congress, —  in 
which  he  presses  upon  his  consideration  the 
following  important  observations  :  — 

"  We  continue  to  receive  periodical  alarms 
from  the  commissary's  and  quartermaster's  de 
partments.  The  period  is  now  arrived  when 
provision  ought  to  be  made  for  a  season  that 
will  not  admit  of  transportation,  and  wrhen  the 
monthly  supplies  must  be  subject  to  infinite  dis 
appointments,  even  if  the  States  were  to  do  their 
duty.  But  instead  of  magazines  being  laid  in, 
our  army  is  living  from  hand  to  mouth,  with  a 


228  LIFE   AND   TIMES   OF  MADISON. 

prospect  of  being  soon  in  a  condition  still  worse 
How  a  total  dissolution  of  it  can  be  preventr 
ed  in  the  course  of  the  winter,  is,  for  any  re 
sources  now  in  prospect,  utterly  inexplicable, 
unless  the  States  unanimously  make  a  vigorous 
and  speedy  effort  to  form  magazines  for  the  pur 
pose. 

"But  unless  the  States  take  other  methods  to 
procure  their  specific  supplies  than  have  pre 
vailed  in  most  of  them,  the  utmost  efforts  to 
comply  with  the  requisitions  of  Congress  can 
only  be  a  temporary  relief.  This  expedient,  as 
I  take  it,  was  meant  to  prevent  the  emission 
of  paper  money.  Our  own  experience,  as  well 
as  the  example  of  other  countries,  made  it  evi 
dent  that  we  could  not  by  taxes  draw  back  to 
the  treasury  the  emissions  as  fast  as  they  were 
necessarily  drawn  out.  We  could  not  follow  the 
example  of  other  countries  by  borrowing ;  neither 
our  own  citizens  nor  foreigners  being  willing  to 
lend  as  far  as  our  wants  extended.  To  continue 
to  emit  ad  infinitum  was  thought  more  dangerous 
than  an  absolute  occlusion  of  the  press.  Under 
these  circumstances,  the  expedient  of  specific 
requisitions  was  adopted  for  supplying  the  neces 
sities  of  the  war.  But  it  is  clear  the  success  of 
this  expedient  depends  on  the  mode  of  carry 
ing  it  into  execution.  If,  instead  of  executing  it 
by  specific  taxes,  State  emissions,  or  commissary's 
and  quartermaster's  certificates,  (which  are  a 
worse  species  of  emissions,)  are  recurred  to,  what 


MR  MADISON'S  VIEWS   OF   THE   REMEDY.      229 

was  intended  for  our  relief  will  only  hasten  our 
destruction." 

Mr.  Madison  was  so  impressed  with  the  per 
nicious  consequences  of  this  practice  of  the  States 
in  procuring  the  specific  supplies  required  of 
them  with  new  emissions  of  paper  money,  (which 
in  another  letter  to  his  colleague,  of  a  few  days 
later  date,  he  emphatically  pronounced  to  be 
JK""  the  bane  of  every  salutary  arrangement  of  the 
\  public  finances/')  that,  when  the  estimates  for 
the  ensuing  year  were  under  consideration,  he 
proposed  that  Congress  should  address  a  formal 
recommendation  to  the  States  to  discontinue  the 
use  of  those  emissions.  His  proposition,  he  says, 
met  with  a  cool  reception,  —  not  because  the 
practice  which  it  sought  to  dissuade  the  States 
from  found  any  apologists,  but,  on  the  contrary, 
because  that  practice  was  considered  "so  mani 
festly  repugnant  to  the  spirit  of  the  acts  of  Con 
gress  heretofore  passed,"  that  it  was  thought  use 
less  to  address  any  farther  recommendations  to 
the  States  upon  the  subject. 

We  offer  yet  another  extract  from  Mr.  Madi 
son's  correspondence  of  this  period,  not  merely 
to  show  his  sense  of  the  paramount  importance  of 
a  sound  and  reliable  system  of  national  finance, 
—  an  object  which,  we  shall  see,  he  earnestly 
and  'steadily  pursued  through  the  whole  of  his 
Congressional  career,  —  but  also  as  developing  a 
great  and  leading  principle  of  his  constitutional 
creed.  Attached  by  his  earliest  impressions  and 

VOL.  i.  20 


s 

230  LIFE   AND   TIMES   OF  MADISON. 

most  profound  convictions  to  republican  govern 
ment,    he    studied    closely    the    weaknesses    and 
infirmities    which     had    discredited    democratical 
experiments    elsewhere;    and    while    placing    our 
institutions  frankly  and  unreservedly  on  the  fun 
damental    principle    of   popular    sovereignty,    he 
labored  to  secure  them  from  the  danger  of  those 
aberrations   which,  under   crude   and    unbalanced 
systems,  had  hitherto  exposed  the  principle  itself 
to  more  or  less  of  distrust.     His  great  aim  was  to 
vindicate  and  recommend  republican  government 
by  establishing  it  on  the  broad,  moral  and  legal 
foundations    of  justice,    order,    and    public    faith, 
and    of  energy  sufficient  to    give    effect    to    the 
legitimate  decrees  of  the  public  will.     In  the  fol 
lowing    observations,    contained    in    a    letter    ad 
dressed  by  him  on  the   7th  of  November,  1780, 
to  Mr.  Pendleton,  then  the  presiding  judge  of  the 
High  Court  of  Chancery  in  Virginia,  we  trace  the 
dawnings  of  that  policy  which    produced,   a  few 
years  later,  the  Constitution  of  the  United  States. 
•'The  want  of  money  is  the   source  of  all  our 
public   difficulties  and  misfortunes.     One   or  two 
millions  of  guineas,  properly  applied,  would   dif 
fuse  vigor  and  satisfaction  throughout  the  whole 
military  departments,  and  would  expel  the  enemy 
from  every  part  of  the  United  States.     It  would 
also  have    another  good  effect.     It  would  recon 
cile    the    army  and    everybody    else    to  our   re 
publican     forms    of    government  ;    the    principal 
inconveniences  imputed  to  them  being  really  the 


MEASURES   OF   CONGRESS.  231 

fruit  of  defective  revenues.  What  other  States 
effect  by  money,  we  are  obliged  to  pursue  by 
dilatory  and  indigested  expedients,  which  benumb 
all  our  operations,  and  expose  our  troops  to 
numberless  distresses.  If  these  were  well  paid, 
well  fed,  and  well  clothed,  they  would  be  well 
satisfied,  and  fight  with  more  success.  And  this 
might  and  would  be  as  well  effected  by  our  gov 
ernments  as  by  any  other,  if  they  possessed 
money  enough ;  —  as,  in  our  moneyless  situation, 
the  same  embarrassments  would  have  been  ex 
perienced  by  any  government." 

The  lessons  of  the  late  campaign,  enforced  by 
the  constant  and  earnest  representations  of  the 
commander-in-chief,  were  not  lost  upon  Congress. 
They  proceeded  to  reorganize  the  army  on  a 
more  effective  plan  for  the  operations  of  the  en 
suing  year.  Its  aggregate  force  was  to  be  raised 
to  thirty-five  thousand  seven  hundred  and  forty- 
eight  rank  and  file ;  and  the  new  enlistments 
were  to  be  made  for  the  whole  period  of  the 
war,  —  a  point  of  vital  importance,  which  the 
commander-in-chief  had  often,  but  hitherto  in 
vain,  pressed  upon  the  consideration  of  Con 
gress.1  To  offer  more  adequate  inducements  to 
remain  or  engage  in  the  service,  half-pay  for  life 
was  promised  to  all  officers  who  should  serve 
to  the  end  of  the  war,  and  it  was  recommended 

i  Journals  of  Congress,  under    and    538 ;   also    Secret   Journals, 
date  of  the  3d  and  21st  of  Octo-     vol.  I.  p.  206. 
her,  1780,  vol.  HI.  pp.  532,  533, 


232  LIFE   AND   TIMES   OF  MADISON. 

to  the  States  to  make  up  to  their  respective 
lines  the  loss  sustained  by  them  from  the  de 
preciation  of  the  medium  in  which  they  had 
been  paid.  The  States  were  at  the  same  time 
called  upon,  "in  the  most  pressing  manner," 
to  have  their  several  quotas  of  the  common 
force  completed,  and  in  the  field,  by  the  1st  of 
January  next,  —  a  requisition  afterwards  urgently 
and  emphatically  repeated  in  consequence  of  a 
letter  from  the  commander-in-chief,  which  was 
transmitted  by  Congress  to  the  legislatures  or 
executives  of  the  respective  States,  who  were 
reminded  that  "the  public  safety  depended  on 
their  complying,  without  reserve  or  delay,  with 
the  measures  adopted  for  an  active  and  decisive 
campaign." J 

While  these  arrangements  were  pursued  for 
raising  a  more  effective  military  force,  corre 
sponding  provisions  were  made  to  place  the  fiscal 
resources  of  the  country  —  an  instrument  of.  war 
no  less  essential  —  on  a  more  adequate  and  sat 
isfactory  footing.  In  addition  to  the  arrears  of 
former  requisitions,  the  States  were  now  called 
upon  to  raise  by  taxes  the  value  of  six  millions 
of  silver  (riot  paper)  dollars ;  of  which  a  large 
portion  was  allowed  to  be  paid  in  specific  sup 
plies  for  the  army  at  fixed  valuations,  and  the 
residue  in  gold  or  silver,  or  the  new  bills  of 
credit  redeemable  in  specie.2  It  being  felt  that 

i  Resolution  of  the  22d  of  De-  2  Resolution  of  the  4th  of  No- 
cember,  1780.  Journals  of  Con-  vember,  1780.  Journals  of  Con 
gress,  vol.  m.  p.  557.  gre^  vol.  m>  542< 


HEPRESENTATION  TO   FRANCE.  233 

no  taxation  which  the  present  condition  of  the 
country  admitted  of  was,  in  itself,  adequate  to 
the  extraordinary  demands  of  a  state  of  war,  the 
ministers  of  the  United  States  at  the  courts  of 
France  and  Spain  had  been  already  instructed  to 
use  their  best  efforts  to  negotiate  loans  in  those 
countries.  A  mission  had  also  been  recently  sent 
to  Holland,  mainly  with  a  view  to  pecuniary 
aids;  but  the  minister,  Mr.  Henry  Laurens  of 
South  Carolina,  former  President  of  Congress,  was 
captured  on  the  voyage  to  his  destination  by  a 
British  cruiser,  and  was  now  a  prisoner  in  the 
Tower  at  London. 

The  hopes  of  Congress  for  pecuniary  assistance 
rested  mainly  on  the  friendship  and  liberality  of 
France,  enforced  by  her  common  interest  in  the 
event  of  the  contest.  On  the  22d  of  Novem 
ber,  1780,  they  addressed  to  His  Most  Christian 
Majesty  a  letter,  distinguished  alike  by  its  dig 
nity  and  frankness,  in  which  they  recapitulated 
the  untoward  events  of  the  last  campaign,  set 
forth,  with  manly  candor,  the  extent  and  ur 
gency  of  their  financial  wants,  and  concluded  by 
informing  him  that  "a  foreign  loan  of  specie,  to 
the  amount  of  twenty-five  millions  of  livres  at 
least,"  will  be  indispensably  necessary  for  the 
vigorous  prosecution  of  the  next  campaign  :  and 
for  the  reimbursement  of  it,  they  solemnly 
pledged  to  His  Majesty  the  faith  of  the  United 
States,  whether  it  shall  please  him  to  become 

20* 


234  LIFE  AND  TIMES   OF  MADISON. 

their    security  in    the    loan,   or   to    advance   the 
amount  of  it  from  his  royal  coffers.1 

The  negotiation,  at  first,  was  committed  solely 
to  the  minister  plenipotentiary,  Dr.  Franklin,  who 
had  been  resident  at  Paris  from  the  commence 
ment  of  diplomatic  relations  with  that  country: 
but  to  give  greater  significance  and  urgency  to 
the  objects  of  it,  Colonel  John  Laurens  of  the 
army,  one  of  the  staff  of  the  commander-in- 
chief,  was  afterwards  commissioned  for  the  special 
purpose  of  soliciting,  in  conjunction  with  Dr. 
Franklin,  the  aids  asked  of  His  Most  Christian 
Majesty,  and  of  forwarding  them  to  the  United 
States  with  the  least  possible  delay.  He  was 
instructed,  at  the  same  time,  to  use  every  effort 
to  impress  upon  the  minds  of  the  King  and  his 
ministers  the  necessity  of  maintaining  a  naval 
superiority  in  the  American  seas,  as  the  indis 
pensable  condition  of  success  to  the  allied  arms 
in  the  operations  of  the  ensuing  campaign.2 

1  Secret  Journals  of  Congress,         2  Secret  Journals,  voL  II.   pp. 
vol.  n.  pp.  343-348.  351,  and  366-375. 


CHAPTEE    VIII. 

Negotiations  with  Spain  —  Mr.  Madison  Chairman  of  a  Committee  to 
prepare  Instructions  to  Dr.  Franklin  and  Mr.  Jay  in  Support  of  the 
Claims  of  the  United  States  to  Western  Territory,  and  the  free 
Navigation  of  the  Mississippi  River  —  Instructions  drawn  by  him 
unanimously  adopted  —  Outline  of  the  Arguments  and  Topics  pre 
sented  —  Congress  afterwards  induced  to  change  temporarily  their 
Instructions  with  Regard  to  the  free  Navigation  of  the  Mississippi  — 
Pressure  of  Georgia  and  South  Carolina  upon  Virginia  to  change 
her  former  Instructions  to  her  Delegates  -^The  Change  deprecated 
and  deplored  by  Mr.  Madison  —  He  corrects  a  Misrepresentation 
of  the  Conduct  of  Mr.  Jay  — •  Ultimate  Return  to  the  Principles  of 
the  original  Instructions  —  Measures  of  Internal  Policy — Urgent 
Motives  for  completing  the  Ratification  of  the  Articles  of  Confed 
eration  —  Successive  Ratification  of  them  by  all  the  States  except 
Maryland  —  Grounds  of  her  persevering  Opposition  —  Jealousy  of 
the  Territorial  Claims  of  Virginia  —  Foundation  and  legal  Validity 
of  those  Claims  —  Virginia  willing  to  make  a  liberal  Cession  for 
the  Sake  of  Conciliation  and  Harmony v—  Opinions  of  her  leading 
Statesmen,  Madison,  Pendleton,  and  Mason  —  She  finally  proffers 
a  Cession  on  Conditions  submitted  to  Congress  —  Maryland  author 
izes  her  Delegates  to  sign  the  Articles  of  Confederation  —  Ratifica 
tion  completed,  and  proclaimed  by  Congress. 

WE  have  already  had  occasion  to  mention 
how  desirous  both  France  and  the  United  States 
were  that  Spain  should  become  a  party  to  their 
alliance.  This  was  now  more  to  be  desired  than 


236  LIFE  AND  TIMES   OF  MADISON. 

ever,  as  the  junction  of  her  naval  armaments 
with  those  of  France  would,  at  once,  give  that 
maritime  predominance  on  the  American  coasts, 
to  which  such  vital  importance  was  justly  at 
tached.  The  prospect  of  regaining  the  Floridas, 
which  she  had  lost  in  the  war  of  1756,  and,  in 
that  event,  their  guarantee  by  the  United  States 
had  been  held  out  by  a  resolution  of  Congress 
as  an  inducement  for  her  to  unite  in  the  con 
test  :  but  this  was  upon  the  express  condition 
that  "  the  United  States  should  enjoy  the  free 
navigation  of  the  River  Mississippi  into  and  from 
the  sea."  Such  were  the  explicit  instructions 
given  to  Mr.  Jay,  who  had  been  appointed  min 
ister  to  Spain  in  the  autumn  of  1779.  De 
spatches  recently  received  from  him  informed 
Congress  of  the  earnestness  with  which  the  Span 
ish  government  still  continued  to  insist  on  the 
renunciation  by  the  United  States  of  their  claim 
to  the  free  navigation  of  the  Mississippi,  as  the 
sine  qua  non  of  His  Catholic  Majesty's  accession 
to  the  alliance.  The  minister,  at  the  same  time, 
expressed  his  own  opinion  that,  if  Congress  re 
mained  firm,  Spain  would  be  ultimately  content 
with  such  equitable  regulations,  in  the  use  of  the 
navigation,  as  should  suffice  to  guard  against 
contraband. 

These    despatches,   together   with    the    instruc 
tions  of  the  legislature  of  Virginia  to  her  dele- 

l  See  Resolution  of  the  17th  of  September,  1779,  Secret  Journals, 
vol.  ii.  pp.  248,  249.     See  also  Idem,  pp.  261-263. 


NEGOTIATIONS  WITH   SPAIN.  237 

gates  in  Congress  of  the  5th  of  November,  1779, 
by  which  they  were  enjoined  to  use  their  utmost 
endeavours  to  maintain  the  freedom  of  the  Mis 
sissippi,  were  referred  to  a  select  committee.  In 
pursuance  of  their  report,  Congress,  on  the  4th 
of  October,  1780,  unanimously  resolved  that  Mr. 
Jay  should  adhere  to  his  former  instructions  re 
specting  the  right  to  the  free  navigation  of  the 
Mississippi  (which,  if  not  expressly  acknowledged 
by  Spain,  was,  in  no  event,  to  be  relinquished 
by  any  stipulation  on  the  part  of  the  United 
States);  and  with  regard  to  boundaries,  that  he 
should  adhere  strictly  to  the  designation  already 
fixed  by  Congress,  making  the  Mississippi  River  the 
western  limit  of  the  territory  of  the  United  States 
above  the  thirty-first  parallel  of  north  latitude. 

Two  days  after  the  adoption  of  these  resolu 
tions  by  Congress,  a  committee  was  appointed 
"  to  draft  a  letter  to  the  ministers  of  the 
United  States  at  the  courts  of  Versailles  and 
Madrid  to  enforce  the  instructions  given  by  Con 
gress  to  Mr.  Jay  by  the  resolutions  of  the  4th 
instant,  and  to  explain  the  reasons  and  princi 
ples  on  which  the  same  are  founded,  that  they 
may  be  respectively  enabled  to  satisfy  those 
courts  of  the  justice  and  equity  of  the  instruc 
tions  of  Congress."  Mr.  Madison,  Mr.  Sullivan 
of  New  Hampshire,  and  Mr.  Duane  of  New  York, 
constituted  the  committee. 

The  paper,  required  at  the  hands  of  this  com 
mittee,  was  one  of  the  greatest  delicacy  and  im- 


238  LIFE   AND   TIMES    OF  MADISON. 

portance.  It  was  to  explain  and  vindicate  the 
position  of  the  United  States  on  a  question 
deeply  affecting,  not  merely  their  foreign  rela 
tions  and  their  prospects  of  obtaining  that  ex 
ternal  support  of  which  they  were  so  much  in 
need,  but  their  interior  union  and  strength  in  all 
future  time.  It  was  to  be  addressed  to  two  of 
the  most  eminent  men  of  their  country,  whose 
experience  and  wisdom  made  them  objects  of 
universal  respect;  and,  through  them,  to  two  of 
the  most  powerful  and  enlightened  governments 
of  the  world,  on  a  subject  touching  the  interests 
and  pride  of  the  one,  and  the  sympathies  and 
political  affinities  of  the  other,  and  involved  in 
more  or  less  of  difficulty  and  doubt  by  the  con 
tradictory  solutions  which  the  history  of  different 
nations  presented.  It  is  not  a  little  singular 
that  the  preparation  of  such  a  paper  should 
have  devolved  upon  the  youngest  member,  prob 
ably,  of  the  body  to  which  he  belonged.  It  was 
drawn  by  Mr.  Madison,  reported  to  Congress  on 
the  17th  of  October,  1780,  immediately  agreed 
to,  and  transmitted  to  Dr.  Franklin  and  Mr.  Jay 
as  the  authorized  exposition  and  defence  of  the 
claims  of  the  United  States. 

The  law  of  nations,  with  regard  to  the  right 
of  those  who  inhabit  the  upper  parts  of  a  river 
flowing  through  the  jurisdiction  of  a  foreign 
power  before  it  reaches  the  ocean,  to  use  its 
navigation  into  the  sea,  —  the  common  highway 
of  commerce,  —  was,  at  this  time,  unsettled  either 


FREE   NAVIGATION   OF   RIVERS.  239 

by  usage  or  authority.  The  freedom  of  the 
Rhine  was  established  by  the  treaty  of  West 
phalia  in  1648,  and  was  ever  afterwards  recog 
nized  by  the  general  consent  of  Europe.  But 
by  the  same  treaty  the  mouth  of  the  Scheldt 
was  allowed  to  be  closed  by  the  United  Prov 
inces,  within  whose  limits  it  fell,  against  the 
navigation  of  the  Spanish  Netherlands  which 
occupied  its  upper  course,  and  of  all  others,  be 
yond  the  limits  of  the  new  republic,  who  should 
desire  to  use  it  as  a  channel  of  communication 
to  the  sea. 

The  Emperor  Joseph  II.,  to  whom  the  Low 
Countries  had  descended  under  the  arrangements 
of  the  Peace  of  Utrecht,  became  restless  under 
the  restrictions  put  by  the  treaty  of  Westphalia 
on  that  avenue  to  the  ocean,  which  nature 
seemed  to  have  given  to  his  Flemish  subjects  in 
common  with  their  Batavian  neighbours ;  and 
almost  at  the  same  time  that  our  discussions 
commenced  with  Spain  respecting  the  navigation 
of  the  Mississippi,  he  boldly  demanded,  and 
threatened  to  assert  by  force  his  claim  to  the 
free  navigation  of  the  Scheldt.  He  afterwards, 
however,  with  characteristic  indecision  renounced 
his  claim  by  the  treaty  of  Fontainebleau  in 
1785;  and  the  freedom  of  the  Scheldt  remained, 
more  or  less,  a  vexed  question  of  the  public  law 
of  Europe,  until  it  was  definitively  established  by 
the  Congress  of  Vienna.1 

i  See  Histoire  des  Traites  de  Paix,  par  Kock  &  Schcell.  vol.  IV 
pp.  70-80,  and  vol.  xi.  p.  394. 


240  LIFE   AND  TIMES   OF  MADISON. 

The  question  of  the  navigation  of  the  Missis 
sippi,  now  in  controversy  between  the  United 
States  and  Spain/  had  heretofore  been  the  sub 
ject  of  conventional  arrangement,  as  between 
other  parties.  In  the  treaty  of  Paris,  which  ter 
minated  the  war  of  1756  between  England  on 
the  one  hand  and  France  and  Spain  on  the  other, 
the  river  Mississippi,  from  its  source  to  its  junc 
tion  with  the  Iberville,  was  established  as  the 
boundary  between  the  British  and  French  pos 
sessions  in  America,  —  leaving  the  Island  of  Or 
leans,  on  the  eastern  side  of  the  Mississippi  below 
the  junction  with  the  Iberville,  and  the  whole 
country  on  the  western  side,  to  France  ;  and  it 
was  stipulated  that  "  the  river  Mississippi  shall 
be  equally  free  as  well  to  the  subjects  of  Great 
Britain  as  to  those  of  France,  and  expressly  that 
part  which  is  between  the  said  Island  of  Orleans 
and  the  right  bank  of  the  river,  as  well  as  the 
passage  both  in  and  out  of  the  mouth."1  By  a 
transfer  of  Louisiana  made  to  Spain,  the  year 
after  the  treaty  of  Paris,  she  succeeded  to  all 
the  possessions  of  France  on  the  Mississippi; 
receiving  them,  of  course,  subject  to  the  stipula 
tions  of  the  treaty  of  Paris,  so  long  as  that  treaty 
should  be  in  force. 

But  the  treaty  of  Paris,  it  was  contended,  was 
abrogated  by  the  war  which  had  since  broken  out 
with  both  France  and  Spain ;  and  it  was,  moreover, 
insisted  that  the  stipulation  respecting  the  free 

1  See  7th  Article  of  the  Treaty  of  Paris. 


REPORT   OF  MR.  MADISON.  241 

navigation  of  the  Mississippi,  being  made  in  favor 
of  "  the  subjects  of  Great  Britain/'  could  not  be 
claimed  by  the  people  of  the  United  States,  as 
they  were  no  longer  British  subjects.  To  these 
arguments  Mr.  Madison  opposed  the  great  prin 
ciple  of  both  natural  and  constitutional  law,  that 
the  rights  of  a  sovereign  are  held  in  trust  for 
the  people  over  whom  he  rules ;  and  that  the 
sovereignty  exercised  by  the  King  of  England 
over  the  people  of  America  not  being  in  virtue 
of  his  quality  as  King  of  England  merely,  but  , 
because  he  was  recognized  by  the  consent  of  the 
people  of  America  as  their  King  also,  stipulations 
made  by  him  respecting  America,  and  as  the  sov 
ereign  of  America,  should  be  considered  as  made 
for  the  particular  benefit  of  the  American  people ; 
and  when,  from  the  course  of  events,  they  had 
been  driven  to  resume  the  sovereignty  into  their 
own  hands,  the  rights  previously  acquired  by 
their  conventional  sovereign  necessarily  devolved 
upon  them. 

But,  independently  of  all  treaty  stipulations, 
Mr.  Madison  argued  with  convincing  clearness 
and  force,  that,  according  to  the  general  princi 
ples  of  the  law  of  nations,  the  circumstance  of 
Spain  being  in  possession  of  both  banks  of  the 
river  at  and  near  its  mouth  ought  not  to  be 
deemed  "  a  natural  or  equitable  bar  "  to  the  free 
use  of  its ,  navigation  by  the  inhabitants  of  the 
country  above.  Such  an  assumption,  he  alleged, 
"  would  authorize  a  nation,  disposed  to  take 

VOL.   I.  21 


242  LIFE   AND   TIMES   OF  MADISON. 

advantage  of  circumstances,  to  contravene  the 
clear  indications  of  Nature  and  Providence,  and 
the  general  good  of  mankind."  He  then  in 
stanced  the  universally  acknowledged  right  of 
an  "  innocent  passage,"  even  with  troops,  through 
the  territory  of  a  foreign  power;  and  pressing 
the  argument  a  fortiori,  demanded,  "if  a  right 
to  a  passage  by  land  through  other  countries 
may  be  claimed  for  troops,  which  are  employed 
in  the  destruction  of  mankind,  how  much  more 
may  a  passage  by  water  be  claimed  for  com 
merce,  which  is  beneficial  to  all  nations." 

The  claim  of  right  he  reinforced  by  considera 
tions  appealing  to  the  interests  of  Spain.  Looking 
into  the  future,  he  showed  how  the  serious  in 
conveniences  resulting  to  the  inhabitants  of  the 
great  Western  basin,  from  a  denial  of  the  free 
use  of  the  Mississippi,  must  be  a  constant  and 
increasing  source  of  disquietude  to  them,  of  vig 
ilant  and  restrictive  precautions  on  the  part  of 
Spain,  and  of  mutual  irritation  and  probable  col 
lision  to  both.  He  exhibited  in  perspective  the 
unbounded  agricultural  riches  of  that  vast  and 
fertile  region,  and  pointed  out  how  those  riches, 
if  allowed  to  flow  unobstructed  through  the  chan 
nel  of  the  Mississippi,  might  become  the  basis 
of  a  most  profitable  trade  to  Spain  and  France 
in  the  exchange  of  their  manufactures  and  arti 
ficial  products  for  the  raw  produce  of  Western 
America  ;  whereas,  if  that  produce  should  be 
forced,  by  the  occlusion  of  the  Mississippi,  to 


REPORT   OF  MR.  MADISON.  243 

seek  a  market  through  the  lakes  and  the  St.  Law 
rence,  or  other  eastern  channels,  it  would  only 
serve  to  swell  still  farther  the  already  great  mar 
itime  and  commercial  predominance  of  their  rival 
and  enemy,  Great  Britain. 

We  have  given  this  brief  outline  of  Mr.  Madi 
son's  powerful   and  persuasive  plea  for  the  free 
dom  of  the  Mississippi,  as  embodied  in  the  report 
of  the  committee  of  Congress,  because  it  laid  the   ; 
groundwork   of  all    the   future   discussions  on   a 
vital    question    of   national    policy,  —  a    question     \S 
which  continued,  through   many  vicissitudes  antf" 
a    long    series    of   years,    to    agitate    the    public 
councils,  and   in  which   he  was    destined,  on  va 
rious    occasions,    to    take    a    leading    and    most 
effective    part.      The    report    also    embraces    an 
able  and  expanded  view  of  our  claims  to  West 
ern    territory,  — drawn    from    treaty    stipulations, 
principles  of  public   law,    and    considerations    of 
foreign  and  domestic  policy,  —  in   answer  to   the 
jealous   and   covetous  pretensions  of  Spain;  and 
exhibits  marks,  equally  conspicuous,  of  the  com 
prehensive    and    analytical   mind    of  the    accom 
plished  author. 

This  able  paper  seems  at  once  to  have  assigned 
to   Mr.  Madison,  in   the   estimation   of   Congress, 
the  rank  due  to  his    superior  worth   and  talents.     A 
We    see    him    immediately    afterwards,    and    in      \ 
quick    succession,  placed    on   many   of   the   most       ]/ 
important   committees   appointed    to   prepare   in 
structions    to    our    ministers    abroad,   or   to   hold 


244  LIFE   AND  TIMES   OF  MADISON. 

conferences  with  foreign  ministers  residing  in  the 
country,  and  in  these  duties  associated  with 
the  oldest  and  most  distinguished  members  of 
the  body,  —  Samuel  Adams,  Dr.  Witherspoon, 
Judge  Duane,  Mr.  McKean,  Mr.  Burke,  and  Mr. 
Matthews.1 

It  is  not  without  a  painful  feeling  we  are 
compelled  to  record  the  fact  that  the  position 
thus  nobly  taken  by  Congress  on  the  right  to 
the  free  navigation  of  the  Mississippi,  and  so 
ably  sustained  by  the  pen  of  Mr.  Madison,  was 
soon  afterwards,  under  the  stress  of  a  supposed 
political  necessity,  temporarily  abandoned.  The 
progress  made  by  the  British  arms  in  the  South 
ern  States,  after  the  fall  of  Charleston,  had  ex 
cited  serious  apprehensions  of  the  entire  conquest 
of  South  Carolina  and  Georgia,  at  least;  and  in 
this  state  of  things  it  was  feared  that  the  ur 
gency  of  the  "armed  neutrality"  in  Europe, 
which  had  suddenly  risen  to  great  power  and 
influence  under  the  auspices  of  Catharine  II.  of 
Russia,  would  force  a  peace  on  the  belligerents 
upon  the  basis  of  the  uti  possidetis,  —  involving  a 
permanent  alienation  of  the  States  which  should 
be  in  possession  of  the  enemy  at  the  close  of 
the  war.  To  avert  such  a  catastrophe,  it  was 
thought  to  be  an  object  of  especial  importance 
to  obtain  without  delay  the  aid  and  cooperation 
of  Spain  in  the  contest,  and  to  pay  for  it,  if 
necessary,  the  price  of  a  surrender  of  our  claim 

1  See  Secret  Journals,  vol.  n.  pp.  348,  358,  373,  and  402. 


MOTION  TO   CHANGE  INSTRUCTIONS.         245 

to  the  navigation  of  the  Mississippi  through  her 
limits  into  the  sea. 

We  learn  from  the  correspondence  of  Mr.  Mad 
ison  that  in  little  more  than  a  month  after  the 
unanimous  adoption  of  the  instructions  to  Mr.  Jay 
and  Dr.  Franklin,  of  which  we  have  just  given 
an  account,  the  delegates  of  Georgia  and  South 
Carolina  moved  a  reconsideration  of  those  in 
structions.  Of  this  proceeding,  the  following 
statement  is  made  by  him  in  a  letter  of  the 
25th  of  November,  1780,  addressed  to  his  col 
league,  Mr.  Jones,  who  was  still  attending  a 
session  of  the  State  legislature  at  Richmond  :  — 

"  The  delegates  from  Georgia  and  South  Caro 
lina,  apprehensive  that  a  uti  possidetis  may  be 
obtruded  on  the  belligerent  powers  by  the  armed 
neutrality  in  Europe,  and  hoping  that  the  acces 
sion  of  Spain  to  the  alliance  will  give  greater 
concert  and  success  to  the  military  operations 
that  may  be  pursued  for  the  recovery  of  their 
States,  and  likewise  add  weight  to  the  means 
that  may  be  used  to  obviate  a  uti  possidetis,  have 
moved  for  a  reconsideration  of  the  instructions, 
in  order  to  empower  Mr.  Jay,  in  case  of  neces 
sity,  to  yield  to  the  claims  of  Spain,  in  consid 
eration  of  her  guaranteeing  our  independence 
and  affording  us  a  handsome  subsidy.  The  ex 
pediency  of  such  a  motion  is  further  urged  from 
the  dangerous  negotiations  now  on  foot  by  Brit 
ish  emissaries  for  detaching  Spain  from  the  war. 

Wednesday  last  was  assigned  for   the    considera- 
21* 


246  LIFE   AND  TIMES   OF  MADISON. 

tion  of  this  motion,  and  it  has  continued  the 
order  of  the  day  ever  since,  without  being  taken 
up."1 

The  letter  of  Mr.  Madison,  from  which  this 
extract  is  taken,  shows  how  deeply  opposed  he 
was,  by  principle  and  conviction,  to  any  modi 
fication  of  the  instructions  already  given.  He 
was  justly  distrustful  of  the  policy  of  Spain ;  and 
believed  that  the  proposed  concession  to  her  wras 
a  gratuitous  and  unnecessary,  as  it  might  be  also 
an  unavailing,  sacrifice.  What  added  to  his  mor 
tification  and  embarrassment  was  to  find  his  only 
colleague  then  present  with  him  in  Congress, 
Colonel  Bland,  differing  in  sentiment  from  him 
on  so  vital  a  question.  Colonel  Bland,  a  gentle 
man,  doubtless,  of  patriotism  and  intelligence, 
seems,  nevertheless,  to  have  been  eccentric  both 
in  his  character  and  opinions.  He  had  been 
educated  abroad  to  the  profession  of  medicine ; 
after  the  commencement  of  the  war,  he  entered 
the  army;  had  charge,  for  some  time,  of  the 
Saratoga  prisoners  of  war,  in  their  cantonments 
in  Virginia ;  then  resigned  his  military  commis 
sion  ;  and  was  recently  appointed  one  of  the 
delegates  of  the  State  in  Congress.  Having,  Mr. 
Madison  says,  taken  up  the  opinion  with  regard 
to  the  navigation  of  the  Mississippi  that  we  had 
"  no  just  claim  to  the  subject  in  controversy 
with  Spain,  and  that  it  is  the  interest  of  Vir 
ginia  not  to  adhere  to  it,"  he  drew  up  a  letter 

l  See  Madison's  Debates  and  Correspondence,  vol.  i.  pp.  64-68. 


LETTER  OF  VIRGINIA  DELEGATES.  247 

to  the  legislature,  recommending  to  them  a 
revision  of  their  former  instructions  on  the 
subject.1 

The  remonstrances  of  Mr.  Madison  appear  to 
have  prevailed  with  him,  for  a  time,  to  withhold 
his  letter.  But  the  pressure  of  the  delegates  of 
Georgia  and  South  Carolina,  and  the  solicitude 
of  Congress,  increasing  with  the  untoward  events 
of  the  war  in  the  Southern  department ;  and  the 
moral  force  of  the  instructions  previously  given 
by  Virginia  being,  in  a  great  degree,  invalidated 
by  representations  that,  under  existing  circum 
stances,  she  would  not  insist  on  those  instruc 
tions  ;  Mr.  Madison  at  length  came  to  the 
conclusion  that,  for  the  removal  of  all  doubts, 
and  in  order  to  produce  harmony  of  action  in 
the  delegation,  it  was  most  expedient  to  refer 
the  subject  to  the  legislature  for  "their  precise, 
full,  and  ultimate  sense"  with  regard  to  it.2 

The  party  of  concession  prevailed  in  the  legis 
lature  ;  and  on  the  2d  of  January,  1781,  new 

1  It  appears  from  a  letter  of  the  should  cede  to  Spain,  for  a  term 

20th  of  November,  1786,  addressed  of  years,  their   right  to  the  free 

by  Colonel  Bland  to  Mr.  Arthur  navigation  of  the  Mississippi ;  and 

Lee,  (see  Life  of  Arthur  Lee,  vol.  to   this    proposal    Colonel    Bland 

n.    pp.    384,    385,)    that   Colonel  declared    himself   opposed.       He 

Bland  had,  at  that  time,  entirely  and  Mr.  Jay,  it  seems,  had  each 

changed  his  first  opinions  with  re-  changed    their   original   opinions, 

gard  to  the  rights  and  interests  of  but    conversely,  —  the    one   from 

the  United  States  in  the  naviga-  concession  to  resistance,  the  other 

tion  of  the  Mississippi.    At  the  pe-  from  resistance  to  concession, 
riod  mentioned,  Mr.  Jay,  then  sec-        2  See    Madison's   Debates   and 

retary  of  foreign  affairs,  proposed  Correspondence,  vol.  I.  pp.  65-69y 

to  Congress  that  the  United  States  70,  71,  72,  73,  74,  and  75. 


248  LIFE  AND  TIMES   OF  MADISON. 

instructions  were  given,  to  the  effect  that  the 
navigation  of  the  Mississippi  should  be  claimed 
only  as  coextensive  with  our  own  territory,  and 
"  that  every  farther  or  other  demand  of  the  said 
navigation  be  ceded,  if  insisting  on  the  same  is 
deemed  an  impediment  to  a  treaty  with  Spain." 
On  turning  to  the  Journals  of  Congress,  it  ap 
pears  that  on  the  15th  of  February,  1781, a 

period  of  great  public  anxiety,  if  not  of  dismay, 
when  General  Greene,  with  his  whole  army,  was 
in  full  retreat  before  Lord  Cornwallis  through 
the  State  of  North  Carolina,  —  new  instructions 
were  given  by  that  body  to  Mr.  Jay,  authorizing 
him  "to  recede  from  his  former  instructions,  so 
far  as  they  insist  on  the  free  navigation  of  that 
part  of  the  river  Mississippi  which  lies  below  the 
31st  degree  of  north  latitude,  &c.,  provided  such 
cession  shall  be  unalterably  insisted  on  by  Spain, 
and  provided  the  free  navigation  of  the  said 
river  above  the  said  degree  of  north  latitude 
shall  be  acknowledged  and  guaranteed  by  his 
Catholic  Majesty  to  the  citizens  of  the  United 
States  in  common  with  his  own  subjects."  * 

The  imperfect  character  of  the  Journals  of  the 
old  Congress  (which  record  the  results,  without 
any  account  of  the  origin  and  progress  of  meas 
ures,)  has  led  certain  historical  writers  into  error 
with  regard  to  the  nature  of  the  agency  of  Vir 
ginia  in  this  retrograde  movement  on  a  great 
question  of  national  policy.  Confining  them- 

1  Secret  Journals  of  Congress,  vol.  n.  pp.  393-395. 


CHANGE   OF  INSTRUCTIONS  EXPLAINED.      249 

selves  to  the  isolated  entry  above  referred  to,— 
where  the  new  instructions  to   Mr.  Jay  are  rep 
resented  "  as  moved  by  the  delegates  of  Virginia, 
in  pursuance  of  instructions  from  their  constitu 
ents/'  --they  have   concluded    that  the    measure 
had  its  origin  with  the  State  of  Virginia.1     This, 
we  have   seen,  was  not  the  fact.     Mr.   Madison' 
with  his  well  known  loyalty  to  historical  truth,' 
felt  himself  called  on,  after  his  final  retirement 
from  the  public  scene,  to  rectify  this  misconcep 
tion  ;  and  in  a  communication  of  the  8th  of  June, 
1822,  to  Niles's    Begister,2  (a  work    designed  to 
serve  as  an  authentic  repository  of  the  materials 
of  American    history,)    he    gave    a   detailed    and 
lucid  statement  of  the  whole  transaction,  verified 
by  contemporary  documents,  and    corresponding 
with    the    narrative  we  have    given    above.     To 
that  communication    the    candid    and    inquisitive 
reader  is  referred  for  a  full  elucidation  of  a  mat 
ter,  which  is  still   occasionally  perverted  by  the 
spirit  of  party. 

It  is  an  honorable  proof  of  Mr.  Madison's  love 
of  truth  and  justice,  that  he  should  have  taken 
the  pains  thus  to  explain,  and  set  in  its  proper 
light  before  posterity,  a  momentary  change  of 
position  by  the  public  authorities  of  his  State, 
made  in  opposition  to  his  opinions,  and  by  which 

l  Ramsay,  History  of  the  Uni-         2  Jt  wm  be  found  also  in    the 
ted  States,  vol.   n.  pp.   300,  301,  Appendix,  pp.  xix.-xxii.,    to  the 
and    Pitkin,    Civil    and   Political  first  volume  of  the  Madison  De- 
History  of  the  United  States,  vol.  bates. 
IL  p.  97 


250  LIFE   AND   TB1ES   OF  MADISON. 

his  public  action  was,  in  no  small  degree,  coun 
tervailed  and  compromised.  How  much  he  felt 
this  change  of  position  on  public  grounds,  (for 
personal  considerations  were  never  allowed  to  in 
fluence  him,)  appears  from  a  letter  addressed  by 
him  several  months  afterwards,  in  the  freedom 
of  confidential  intercourse,  to  his  friend,  Judge 
Pendleton.  The  eager  expectations  of  the  coun 
try,  with  regard  to  naval  succours,  had  been 
already  doomed  to  a  long  series  of  disappoint 
ments,  when  intelligence  was  at  last  received 
that  the  French  and  Spanish  fleets  had  formed 
a  junction  for  the  investment  of  Gibraltar,  and 
also  to  attempt  some  enterprise  against  Minorca, 
—  objects,  both  of  them,  exclusively  of  Spanish 
policy.  On  this  occasion,  Mr.  Madison  gave  vent 
to  his  feelings  in  the  following  indignant  reflec 
tions  :  — 

"Thus  the  selfish  projects  of  Spain  not  only 
withhold  from  us  the  cooperation  of  her  own 
armaments,  but  divert,  in  part,  that  of  our  ally; 
and  yet  we  are  to  reward  her  with  a  cession  of 
what  constitutes  the  value  of  the  finest  part  of 
America ! " * 

It  happened,  fortunately  for  the  country,  that 
our  minister  in  Spain,  at  that  time,  took  the 
same  wise  and  sagacious  views  of  our  national 
interests  connected  with  the  navigation  of  the 
Mississippi,  that  had  so  deeply  impressed  them 
selves  upon  the  mind  of  Mr.  Madison.  Mr.  Jay 

l  Manuscript  letter  of  18th  of  September,  1781. 


MR,  MADISON  VINDICATES  MR.  JAY.          251 

had  been  steadily  opposed  to  any  concession  to 
the  demands  of  Spain  on  this  point.     In  a  letter 
of  the  3d  of  October,  1781,  to  the   President  of 
Congress,  after  receiving  the  new  instructions  of 
that  body,  he  went  so  far  as  to  say :   «  The  ces 
sion  of  this  navigation  will,  in  my  opinion,  ren 
der  a  future  war  with  Spain  unavoidable ;  and  I 
shall  look  upon  my  subscribing  the  one,  as  fixing 
the  certainty  of  the  other."  l     With  these  impres 
sions,    in    the    execution    of   his    instructions    he 
most  properly  accompanied  the  proposed  conces 
sion  with  a   formal  declaration  that  the   United 
States  would  not  consider  themselves  bound  by 
the  offer  in  future,  if  not  now  frankly  accepted 
and    with    suitable    equivalents    rendered  for   it.2 
The  fatuity  and  all-absorbing  selfishness  of  Spain 
made    the    negotiation    unavailing;  and    the    ill- 
advised  concession,  happily,  led  to  no  result. 

It  appeared  from  Mr.  Pendleton's  answer  to 
the  letter  of  Mr.  Madison  cited  above,  that  he 
had  never  before  been  informed  that  the  pro 
posed  concession  had  been  sanctioned  by  a  reso 
lution  of  the  legislature  of  Virginia ;  but,  on  the 
contrary,  had  heard  insinuations  that  it  originated 
with  the  American  minister,  Mr.  Jay.  This  gave 
Mr.  Madison  another  occasion  of  rendering  that 
homage  to  truth  and  justice  which  he  never 
failed  to  pay,  whether  an  individual  or  a  public 
body  was  concerned;  at  the  same  time  that  h« 

i  Diplomatic  Correspondence  of  the  Revolution,  vol.  vn  p  464 
8  Idem,  pp.  498,  499. 


252  LIFE  AND  TIMES   OF  MADISON. 

renewed  the  expression  of  the  deep  regret  with 
which  he  could  not  but  regard  the  proceed 
ings  that  had  taken  place  in  the  legislature 
of  his  own  State.  He  thus  writes  to  Mr.  Pen- 
dleton :  — 

"When  you  get  a  sight  of  the  resolution  of 
the  General  Assembly  referred  to  in  your  favor 
of  the  8th  instant,  you  will  readily  judge  from 
the  tenor  of  it  what  steps-  would  be  taken  by 
the  delegates.  It  necessarily  submitted  the  fate 
of  the  object  in  question  to  the  discretion  and 
prospects  of  the  gentleman/'  (the  American  min 
ister,  Mr.  Jay,)  "whom  reports,  it  seems,  have 
arraigned  to  you ;  but  who,  I  am  bound  in  jus 
tice  to  testify,  has  entirely  supported  the  char 
acter  which  he  formerly  held  with  you.  I  am 
somewhat  surprised  that  you  had  never  before 
known  of  the  resolution  just  mentioned,"  (that 
of  the  2d  of  January,  1781,)  "especially  as,  what 
is  indeed  much  more  surprising,  it  was  both  de 
bated  and  passed  with  open  doors  and  a  full 
gallery.  This  circumstance  alone  must  have  de 
feated  any  reservations  attached  to  it." 

The  reader  will  be  gratified  to  learn  that  as 
soon  as  the  menacing  crisis  was  over,  both  the 
new  instructions  of  Virginia  to  her  delegates  in 
Congress,  and  those  of  Congress  to  the  minister 
in  Spain,  were  revoked ;  and  that  this  great 
question  remained  open,  to  be  settled,  in  more 
tranquil  times,  upon  its  own  grave  merits,  and 

i  Manuscript  letter  of  16th  of  October,  1781. 


ORIGINAL  INSTRUCTIONS  RENEWED.  253 

a  deliberate  consideration  of  all  the  vast  interests 
connected  with  it. 

While  Congress  was  thus  earnestly  bent  on 
strengthening  the  country  by  means  of  foreign 
connections,  it  did  not  overlook  the  vital  sources 
of  internal  harmony  and  strength.  Among  the 
measures  necessary  for  an  efficient  and  success 
ful  prosecution  of  the  contest,  the  completion  of 
the  Articles  of  Confederation,  which  still  remained 
without  legal  obligation  upon  any  of  the  parties 
in  consequence  of  the  persevering  refusal  of  a 
single  State  to  close  the  compact,  was  justly 
deemed  an  object  of  paramount  importance.  It 
was  not  so  much  on  account  of  any  intrinsic 
energy  in  the  powers  conferred  on  Congress  by 
that  instrument,  that  its  final  consummation  was 
now  earnestly  desired,  as  because  the  enemies 
of  the  country,  both  foreign  and  domestic,  would 
be  encouraged  to  entertain  hopes,  however  illu 
sory,  of  detaching  some  of  the  States  from  the 
common  cause,  so  long  as  there  was  no  acknowl 
edged  obligatory  bond  of  union  between  them ; 
and  also  because  the  absence  of  such  a  bond 
caused  a  certain  distrust  to  be  cast  upon  all 
the  national  engagements  entered  into  by  Con 
gress. 

These  considerations  were,  with  great  force 
and  eloquence,  urged  upon  the  States  in  the  cir 
cular  address  of  Congress  with  which  the  Articles 
of  Confederation  were  accompanied,  when  those 
articles,  after  much  embarrassment  and  delay, 

VOL.  I.  22 


254  LIFE   AND    TIMES   OF  MADISON. 

were  finally  agreed   upon   by  that  body  in   No 
vember,  1777. 

"This  business/'  they  say,  "equally  intricate 
and  important,  has,  in  its  progress,  been  attended 
with  uncommon  embarrassment  and  delay,  which 
the  most  anxious  solicitude  and  persevering  dili 
gence  could  not  prevent.  To  form  a  permanent 
union,  accommodated  to  the  opinions  and  wishes 
of  the  delegates  of  so  many  States  differing  in 
habits,  produce,  commerce,  and  internal  police, 
was  found  to  be  a  work  which  nothing  but 
time  and  reflection,  conspiring  with  a  disposition 
to  conciliate,  could  mature  and  accomplish. 

"We  have  reason  to  regret  the  time  which 
has  elapsed  in  preparing  this  plan  for  considera 
tion.  With  additional  solicitude,  we  look  forward 
to  that  which  must  be  necessarily  spent,  before  it 
can  be  ratified.  Every  motive  loudly  calls  upon 
us  to  hasten  its  conclusion.  More  than  any 
other  consideration,  it  will  confound  our  foreign 
enemies,  defeat  the  flagitious  practices  of  the 
disaffected,  strengthen  and  confirm  our  friends, 
support  our  public  credit,  restore  the  value  of 
our  money,  enable  us  to  maintain  our  fleets 
and  armies,  and  add  weight  and  respect  to  our 
councils  at  home  and  to  our  treaties  abroad." 

Virginia  was  the  first  of  the  States  to  respond 
to  this  urgent  and  patriotic  appeal.  The  Articles 
of  Confederation  were  laid  before  her  legislature 

1  See  Address  in  Secret  Journals  of  Congress,  vol.  I.  pp.  362-365. 


ARTICLES   OF   CONFEDERATION.  255 

on  the  9th  day  of  December,  1777,  and  on  the 
15th  of  that  month,  a  resolution  was  unani 
mously  adopted  approving  the  plan,  and  author 
izing  the  delegates  of  the  State  in  Congress  to 
ratify  it,  "  in  the  name  and  on  behalf  of  this 
Commonwealth ; "  for  which  purpose  they  were 
required  to  attend  in  their  places  in  Congress 
on  or  before  the  10th  day  of  March  next.1 
Nine  other  States  in  succession,  in  the  early 
part  of  the  ensuing  year,  severally  empowered 
their  delegates  to  ratify  the  confederation  on 
their  behalf. 

The  subject  was  again  taken  up  in  Congress 
in  June,  1778,  when  various  amendments,  pro 
posed  by  some  of  the  States,  were  considered, 
and  all  of  them  rejected.  On  the  9th  day  of 
the  following  month,  the  articles  were  formally 
ratified  and  signed  in  Congress  by  the  delegates 
of  eight  States.  The  delegates  of  North  Carolina 
and  Georgia,  who  had  been  duly  empowered  by 
their  constituents  to  sign,  not  being  present  on 
that  occasion,  attended  in  their  places  a  few  days 
afterwards,  and  added  their  signatures. 

New  Jersey,  Delaware,  and  Maryland  still  with 
held  their  ratifications.  Congress,  in  a  special 
address  of  the  10th  of  July,  1778,  renewed  their 
appeal  to  the  non-acceding  States. 

"Intent,"  say  they,  "upon  the  present  and. 
future  security  of  these  United  States,  Congress 
has  never  ceased  to  consider  a  confederacy  as 

1  See  Journal  of  House  of  Delegates,  October  session,  1777,  p.  80 


256  LIFE  AND   TIMES   OF  MADISON. 

the  great  principle  of  union,  which  can  alone 
establish  the  liberty  of  America,  and  exclude  for 
ever  the  hopes  of  its  enemies.  Influenced  by 
considerations  so  powerful,  and  duly  weighing 
the  difficulties  which  oppose  the  expectations  of 
any  plan  being  formed  that  can  exactly  meet  the 
wishes  and  obtain  the  approbation  of  so  many 
States,  differing  essentially  in  various  points,  Con 
gress  have,  after  mature  deliberation,  agreed 
to  adopt  without  amendments  the  confederation 
transmitted  to  the  several  States  for  their  appro 
bation.  ....  It  now  remains  only  with  you 
to  conclude  the  glorious  compact,  which,  by 
uniting  the  wealth,  strength,  and  councils  of  the 
whole,  may  bid  defiance  to  external  violence  and 
internal  dissensions,  whilst  it  secures  the  public 
credit  both  at  home  and  abroad."1 

New  Jersey,  yielding  to  this  renewed  appeal 
of  Congress,  on  the  20th  of  November,  1778, 
authorized  her  delegates  to  ratify  the  confed-' 
eration  on  her  behalf;  and  on  the  1st  day  of 
February,  1779,  the  State  of  Delaware  followed 
the  example. 

Maryland  alone  now  stood  out  in  opposition 
to  the  compact.  Her  legislature,  on  the  15th 
day  of  December,  1778,  adopted  a  formal  decla 
ration,  and  accompanied  it  with  elaborate  instruc 
tions  to  their  delegates  in  Congress,  announcing 
their  inflexible  purpose  not  to  accede  to  the  con 
federation,  until  a  certain  amendment,  which  had 

l  Secret  Journals  of  Congress,  vol.  I.  pp.  419,  420. 


OPPOSITION   OF  MARYLAND.  257 

already  been  proposed  by  them  to  Congress  and 
rejected  by  that  body,  should  be  first  obtained.1 
The  dissatisfaction  of  Maryland,  which  placed  her 
in  this  attitude  of  recalcitrant  opposition  to  the 
confederacy,  had  its  source  in  the  large  extent 
of  unappropriated  Western  lands  that  fell  within 
the  territorial  limits  of  some  of  the  States.  The 
articles  of  confederation,  in  declaring  that  "  no 
State  shall  be  deprived  of  territory  for  the  ben 
efit  of  the  United  States,"  as  well  as  by  the 
general  reservation  of  the  rights  of  sovereignty 
to  each  State,  were  supposed  to  guarantee  these 
lands  to  the  several  States  within  whose  limits 
they  lay;  and  the  object  of  the  amendment  in 
sisted  on  by  Maryland  was  to  vest  the  entire 
disposition  and  control  of  them  in  Congress  for 
the  common  benefit  of  all  the  States. 

Virginia,  by  the  greater  extent  of  her  char 
tered  limits,  as  well  as  by  the  progress  of  her 
settlements  in  the  interior,  and  also  by  conquest, 
was  the  principal  claimant  of  Western  territory; 
and  it  was  against  her  that  the  jealousy  of  the 
States,  not  possessing  like  advantages  with  her 
self,  was  chiefly  directed.  In  the  proceedings  of 
the  legislature  of  Maryland,  and  especially  in  the 
language  of  the  instructions  to  her  delegates  in 
Congress,  the  spirit  of  hostility  and  recrimination 
against  Virginia  was  so  strongly  manifested  that 
we  are  compelled  to  seek  the  explanation  of 
these  feelings  in  other  circumstances  than  the 

1  See  these  papers  in  Hen.  Stat.  vol.  x.  pp.  549-556. 
22* 


258  LIFE   AND   TIMES   OF  MADISON. 

particular  topic  of  debate.  The  old  controversy 
which  had  grown,  naturally  enough,  out  of  the 
fact  of  Maryland  owing  her  existence,  as  a  sep 
arate  Colony,  to  an  infraction  of  the  original 
chartered  limits  of  Virginia,  and  yet  more,  per 
haps,  the  unpleasant  altercation  which  had  taken 
place  between  the  representative  assemblies  of 
the  two  Colonies,  only  a  few  years  before  this 
period,  on  the  subject  of  Governor  Eden,1  evi 
dently  infused  their  bitter  memories  into  the 
tone  and  temper  with  which  the  public  author 
ities  of  Maryland  now  discussed  a  grave  question 
of  public  policy  and  constitutional  right. 

As  a  matter  of  legal  and  constitutional  right, 
Virginia  had  a  firm  and  unshaken  confidence  in 
the  validity  of  her  claim  to  the  unappropriated 
lands  within  her  original  chartered  limits,  except 
so  far  as  those  limits  had  been  modified  by  sub 
sequent  grants  of  the  crown,  or  by  the  stipula 
tions  of  the  treaty  of  peace  between  England 
and  France  in  1763.  It  was  a  clear  consequence 
of  the  Revolution,  and  of  the  system  of  federa 
tive  association  between  independent  States  which 
followed  it,  that  the  public  lands,  previously  held 
by  the  crown  in  the  several  Colonies,  devolved 
by  that  event  upon  the  respective  States  within 
whose  limits  they  were  situated,  and  with  whom 
abided  all  the  rights  of  sovereignty  that  were 

1  See  Journal  of  the  Virginia  American  Archives,  (4th  series,) 
Convention  of  1776,  p.  30,  under  vol.  vi.  pp.  732-738,  806,  807,  and 
date  of  the  31st  of  May ;  and  also  1505,  1506. 


TERRITORIAL  RIGHTS   OF  VIRGINIA.          259 

not  expressly  delegated  to  Congress.  It  was, 
also,  a  well  understood  canon  of  American  public 
law,  established  by  invariable  usage  both  before 
and  after  the  Revolution,  that  no  legal  title 
could  be  acquired  by  the  purchase  of  lands  from 
the  Indians,  unless  with  the  consent  or  by  the 
act  of  the  territorial  sovereign,  or  government 
holding  the  political  dominion  over  them.1  It 
was  upon  these  broad  and  palpable  principles, 
which  have  been  since  repeatedly  recognized  by 
the  highest  tribunals  of  the  country,  that  the 
territorial  claim  of  Virginia  rested. 

But  while  she  defended  that  claim,  as  an  un 
questionable  legal  right,  against  those  who  wan 
tonly  or  perversely  assailed  it,  she  never  sought 
to  make   use   of  it   in    any  selfish    and   unsocial 
spirit.      On  the  contrary,  she  had  already  offered 
to  admit  the  other  States  to  a  free  participation 
of  her  Western  lands  as  a  fund  to  provide  boun 
ties    to    their    soldiers    on    continental    establish 
ment,   equally  with    her  own ;   and    in   the    very 
remonstrance,  which  she  had  been  driven  to  ad 
dress    to    Congress    against    the     encouragement 
given  to  the  pretensions   of  certain   land   compa 
nies  in  violation  of  her  rights,  she   emphatically 
repeated  her  willingness  to  make  sacrifices  to  the 
common  interest  in  any  just  and  reasonable  man 
ner,  so  as  to  remove  the  "  ostensible  "  causes  of  de 
lay  to  the  final  ratification  and  completion  of  the 

1  See  Decision  of  Supreme  Court  of  the  United  States  in  Johnson 
-j  M'Intosh,  8  Wheat. 


260  LIFE   AND   TIMES   OF  MADISON. 

articles  of  confederation.  She  protested  the  more 
earnestly  against  the  patronage  extended  to  the 
illegal  claims  of  these  land  companies,  because 
such  patronage  was  plainly  inconsistent  with  the 
specious  object,  professed  by  her  adversaries,  of 
making  the  Western  lands  a  common  fund  for 
the  benefit  of  the  States.  "  It  was,  moreover, 
notorious,"  she  alleged,  "  that  several  men  of 
great  influence  in  some  of  the  neighbouring 
States  were  concerned  in  partnerships  with  Lord 
Dun  more  and  others " ;  and  that  their  object,  in 
opposing  the  territorial  rights  of  Virginia,  was 
only  to  secure  for  themselves,  under  pretended 
purchases  from  the  Indians,  valuable  and  exten 
sive  tracts  of  country  lying  on  the  Ohio,  and 
between  the  Ohio  and  Mississippi.1 

Although  the  ungenerous  assaults  made  upon 
the  title  of  Virginia  to  her  Western  lands  were 
certainly  not  well  calculated  to  produce  in  her 
a  temper  of  concession,  her  zeal  for  the  common 
cause  rose  superior  to  her  just  resentments.  All 
her  leading  statesmen  united  in  recommending 
a  liberal  cession  of  her  territorial  claims,  in  or 
der  to  promote  a  more  cordial  harmony  and  con 
cord  among  the  States,  and  to  hasten  the  final 
ratification  of  the  confederation.  Mr.  Madison, 
in  his  correspondence  of  that  day,  constantly  and 
persuasively  advocated  the  policy  of  conciliation 
and  abnegation.  Writing,  on  the  17th  of  Octo- 

1  See  Remonstrance  of  General  Assembly  of  Virginia,  in  Hen.  Stat 
vol.  x.  pp.  557-559. 


CONCILIATORY   SPIRIT  OF  VIRGINIA.          261 

her,  1780,  to  his  colleague  Mr.  Jones,  who  was 
then  in  attendance  on  the  legislature  of  the 
State,  after  communicating  to  him  an  unfavora 
ble  decision  which  had  just  taken  place  in  Con 
gress  on  a  proposition  made  by  the  delegates  of 
Virginia  with  regard  to  a  cession  of  the  Western 
lands,  he  adds :  "  I  hope  this  incident  in  Con 
gress  will  not  discourage  any  measures  of  the 
Assembly  which  would  otherwise  have  been  taken 
for  the  object  of  ratifying  the  confederation. 
Under  the  cautions  I  have  suggested,  they  may 
still  be  taken  with  perfect  security."  J 

Among  the  most  distinguished  and  influential 
of  Mr.  Madison's  correspondents  of  that  period 
was  Judge  Edmund  Pendleton,  whose  high  posi 
tion  and  career  we  have  had  frequent  occasion 
to  mention.  That  wise  and  eminent  man,  in  re 
plying  to  a  letter  he  had  received  from  Mr. 
Madison  on  this  same  subject,  expressed  himself 
in  the  following  terms,  which  illustrate  the  ele 
vated  principles  on  which  Virginia  was  disposed 
to  act  in  the  sacrifices  she  was  called  on  to 
make  for  the  general  good,  and,  at  the  same 
time,  the  force  of  the  impediments  that  had  been 
raised  in  the  way  of  that  disposition  by  unrea 
sonable  and  intemperate  attacks  on  her  rights. 

"I  have  thought  long  ago,"  said  Mr.  Pendle 
ton,  "  that  'twas  high  time  the  confederation  was 
completed,  and  feared  some  foreign  powers  might 
entertain,  from  its  delay,  suspicions  of  some  se- 

1  Madison  Debates  and  Correspondence,  vol.  i.  p.  54. 


262  LIFE  AND  TIMES   OF  MADISON. 

cret  disunion  among  the  States,  or  a  latent  in 
tention  in  Congress  to  keep  it  open  for  purposes 
unworthy  of  them.  I  am  happy  to  hear  it  is 
resumed,  and  think  it  becoming,  and  indeed  an 
indispensable  duty  in  this,  as  in  all  other  social 
compacts,  for  the  contracting  members  to  yield 
points  to  each  other,  in  order  to  meet  as  near 
the  centre  of  the  general  good  as  the  jarring 
interests  can  be  brought ;  and  did  it  depend  upon 
my  opinion,  I  would  not  hesitate  to  yield  a  very 
large  portion  of  our  back  lands  to  accomplish 
this  purpose,  except  for  the  reason  which  Shak- 
speare  has  put  into  the  mouth  of  Hotspur.1  In 
reason  and  justice,  the  title  of  Virginia  to  her 
Western  territory  can  no  more  be  questioned 
than  to  any  other  spot  in  it.  The  point  was 
fully  and  warmly  agitated  in  Congress,  and  de 
termined  in  her  favor.  Twelve  States  were  sat>- 
isfied,  and  agreed  to  confederate  •  and  yet  one 
stops  the  whole  business,  setting  up  her  judg 
ment  in  opposition  to  so  many!  Yield  to  her 
in  this,  and  may  she  not  play  the  same  game 
to  gain  any  future  point  of  interest?" 

After  some  other  remarks  respecting  the  course 
pursued  by  Maryland  in  this  affair,  he  adds  :  — 

66  With  the  Assembly,  it  must  rest  to  deter 
mine  what  they  will  yield  to  harmonize  and 

1  Judge  Pendleton,  doubtless,  here  refers  to  what  Hotspur  says  to 
Glendower,  in  the  territorial  dispute  which  arose  between  them : — 

I  do  not  care ;  I'll  give  thrice  so  much  land, 
To  any  well-deserving  friend: 
But,  in  the  way  of  bargain,  mark  ye  me, 
VII  cavil  on  the  ninth  part  of  a  hair* 


CONGRESS  RECOMMENDS   CESSIONS.  263 

cement  the  union;  and  it  must  be  acknowledged 
that  in  other  respects,  particularly  in  the  field, 
Maryland  has  maintained  a  very  worthy  char 
acter  in  the  contest."  He  concludes :  "  It  is 
time  for  me  to  leave  the  subject  to  those  whose 
province  it  is  to  decide  on  it.  It  shall  be 
mine  to  acquiesce." 

On  the  6th  of  September,  1780,  Congress, 
again  setting  forth  with  impressive  solemnity 
the  weighty  considerations  which  demanded  an 
immediate  completion  of  the  confederation,  ap 
pealed  to  the  States  having  claims  to  Western 
territory  to  make  a  "  liberal  surrender  of  a  por 
tion  of  those  claims"  for  the  sake  of  general 
harmony  and  union ;  and,  at  the  same  time, 
called  earnestly  on  the  legislature  of  Maryland 
to  authorize  their  delegates  in  Congress  to  sub 
scribe  the  articles,  which  now  wanted  only  their 
signature  to  clothe  them  with  an  unanimous  and 
obligatory  sanction.  The  legislature  of  New  York 
had  already  passed  an  act  authorizing  their  dele 
gates  in  Congress  to  fix  and  define  the  western 
boundary  of  that  State ;  which,  though  involving 
no  surrender  of  any  substantial  territorial  claim, 
was  yet  considered  a  step  in  the  path  of  con 
ciliation. 

1    Manuscript   letter  of  Judge  Mason.      See   his   able   letter   to 

Pendleton  to  Mr.   Madison,  25th  Mr.  Jones  in  the  Bland  Papers, 

of  September,  1780.     Among  the  vol.  n.   pp.    125-130,  which  was 

distinguished    statesmen    of    Vir-  probably  the  first  digested  outline 

ginia,  who  recommended  a  liberal  of  the   conditions  of  the   cession 

spirit  of  concession  with  regard  to  afterwards  made, 
her  Western  lands,  was   George 


264  LIFE  AND  TIMES   OF  MADISON. 

The  General  Assembly  of  Virginia,  which  met 
some  few  weeks  after  the  above-mentioned  pro 
ceedings  of  Congress,  "  preferring,"  as  they  de 
clared,  "  the  good  of  their  country  to  every 
object  of  smaller  importance,"  yielded  np  to 
Congress,  for  the  benefit  of  the  United  States, 
the  whole  of  that  immense  territory  claimed  and 
possessed  by  her  northwest  of  the  Ohio,  and  ex 
tending  thence  to  the  Mississippi  and  the  lakes.1 
To  the  cession  of  this  magnificent  domain  were 
annexed  certain  conditions  of  equity  and  justice, 
both  with  regard  to  herself  and  the  confederacy, 
which,  although  they  furnished  the  ground  of 
much  captious  opposition  for  a  year  or  two,  as 
we  shall  hereafter  see,  were  yet  finally  accepted 
by  Congress,  with  slight  modifications,  as  reason 
able  and  satisfactory. 

The  proffered  cession  of  Virginia  was  passed 
by  her  legislature  on  the  2d  of  January,  1781. 
On  the  2d  day  of  February  following,  the  legis 
lature  of  Maryland  passed  an  act,  —  apparently 
in  a  grudging  spirit,  and  placing  her  compliance 
to  the  credit  of  the  wishes  and  opinions  of  "our 
illustrious  ally,"  —  which  empowered  her  dele 
gates  in  Congress  to  subscribe  and  ratify  the 
articles  of  confederation.  Her  long  and  perse 
vering  resistance  to  the  wishes  and  example  of 
her  sister  States  had  caused  two  of  them,  Vir 
ginia  and  Connecticut,  to  give  their  delegates 
the  necessary  powers,  and  even  to  propose  for- 

l  See  Hen.  Stat,  vol.  x.  pp.  564-567. 


CONFEDERATION  FINALLY  RATIFIED.         265 

mally  in  Congress,  to  close  the  Confederacy 
without  her;1  and  a  distinguished  authority  has 
expressed  the  opinion  that  it  was  the  apprehen 
sion  of  being  excluded  from  the  Union,  which 
formed,  at  last,  her  motive  to  give  a  reluctant 
consent  to  the  Confederation.2  Her  accession, 
however,  was  joyfully  welcomed  by  Congress 
and  the  country  as  consummating  the  original 
bond  of  federal  union,  and  blighting  thencefor 
ward  the  malignant  hopes  and  intrigues  of  the 
enemies  of  American  liberty. 

Thursday,  the  1st  of  March,  1781,  was  fixed 
as  the  day  for  completing  the  Confederation  by 
the  signature  of  the  delegates  of  Maryland ;  and 
a  committee,  consisting  of  Mr.  Walton,  Mr.  Mad 
ison,  and  Mr.  Matthews,  was  appointed  to  con 
sider  and  report  a  mode  for  announcing  the 
event  to  the  public.  According  to  their  report, 
the  Board  of  War  and  the  Board  of  Admiralty 
were  directed  to  take  order  for  the  public 
proclamation  of  the  fact,  as  soon  as  it  was 
consummated :  it  was,  moreover,  to  be  officially 
and  specially  communicated  to  the  executives  of 
the  several  States ;  to  the  American  ministers 
abroad,  who  were  instructed  to  notify  it  to  the 
courts  at  which  they  resided ;  to  the  minister 
of  France  in  America ;  and  to  the  commander- 
in-chief  of  the  American  army,  with  a  request 
to  announce  the  same  to  the  troops  under 

1  Secret  Journals  of  Congress,         2  Judge  Marshall,  in  his  Life  of 
vol.  i.  pp.  431-433,  and  438,  439.      Washington,  vol.  I.  p.  430. 
VOL.  I.  23 


266  LIFE  AND  TIMES   OF  MADISON. 

his  command.  These  unwonted  ceremonies  suffi 
ciently  attest  the  deep  sense  which  was  then 
felt,  both  in  Congress  and  by  the  nation,  of  the 
supreme  importance  of  closing,  on  the  eve  of 
the  decisive  crisis  of  the  great  contest,  the  arti 
cles  of  plighted  faith  by  which  the  States  were 
held  together  in  a  common  and  vital  struggle. 


CHAPTER    IX. 

Flan  of  Military  Operations  discussed  in  Congress  —  Critical  Situa 
tion  of  the  Southern  States  —  Colonel  Benjamin  Harrison  sent  by 
Virginia  to  represent  to  Congress  the  Necessity  of  more  liberal 
Arrangements  for  the  Defence  of  the  South  —  Mr.  Madison  gives 
his  zealous  Aid  to  the  Mission  of  Colonel  Harrison  —  Measures 
adopted  by  Congress  on  the  Occasion  —  Virginia  becomes  the  prin 
cipal  Theatre  of  the  War  by  the  Invasion  of  Cornwallis  —  Reduced 
to  great  Exhaustion  by  her  Exertions  in  Aid  of  the  Southern  States 

—  Long-continued  Inattention  of  Congress,  and  apparent  Indiffer 
ence  of  Northern  States,  give  Rise  to  strong  Feelings  of  Dissatis 
faction —  Energetic  Remonstrance   prepared  for  Adoption  of  the 
Legislature  —  Withdrawn  on  Intelligence  of  the  Result  of  Colonel 
Harrison's  Mission  —  General  Lafayette  sent  to  Virginia  —  Legis 
lature  dispersed  by  Tarlton  —  Proposition  for  a  Dictator  —  General 
Nelson  elected  Governor  —  Able  and  skilful  Conduct  of  Lafayette 

—  Washington  and  Rochambeau  march  with  the  Allied  Army  to 
the  Aid  of  Virginia  —  Letter  of  Mr.  Madison  describing  their  Pas 
sage   through   Philadelphia  —  Count  De  Grasse,  with  the   French 
Fleet,  arrives  in  the  Chesapeake  —  Siege  of  York  —  Surrender  of 
Cornwallis, 

As  the  period  approached  for  the  opening  of 
another  campaign,  the  attention  of  the  States,  as 
well  as  of  Congress,  was  anxiously  turned  to  the 
plan  of  military  operations  to  be  adopted.  The 


268  LIFE   AND  TIMES   OF  MADISON. 

Southern  States  had  now  become  the  principal 
theatre  of  the  war,  and  naturally  expected,  there 
fore,  that  arrangements  of  suitable  efficiency 
would  be  made  for  their  protection  and  defence. 
The  commander-in-chief,  while  his  presence  and 
that  of  the  main  body  of  the  army  were  still 
required  at  the  North  by  considerations  of  gen 
eral  and  overruling  importance,  was  keenly  alive 
to  the  necessity  of  vigorous  and  enlarged  pro 
visions  for  the  safety  of  the  South.  In  a  confi 
dential  letter  to  his  friend  and  military  companion, 
Colonel  John  Laurens,  even  as  early  as  the  spring 
of  the  last  year,  when  the  fate  of  Charleston  was 
trembling  in  the  balance,  he  intimated  how  agree 
able  it  would  be  to  him  to  go  in  person  to  the 
South,  if  the  exigencies  of  the  common  service 
should,  in  the  view  of  Congress,  permit  it,  though 
obvious  scruples  forbade  such  a  suggestion  ema 
nating  from  himself.1 

In  Congress,  on  the  5th  of  August,  1780,  at 
the  instance  of  the  delegates  of  South  Carolina 
and  Georgia,  a  resolution  was  adopted,  but  in 
very  guarded  terms,  communicating  to  the  com- 
mander-in-chief,  as  the  sense  of  that  body,  that 
a  portion  of  the  land  and  naval  forces,  both 
of  our  ally  and  of  the  United  States,  should  be 
employed,  when  it  shall  appear  to  him  most 
convenient,  for  the  expulsion  of  the  enemy  from 
those  two  States;  ....  "so,  however,  as  not  to 
interfere  with  any  plan  of  operation  already 

1  See  Sparks's  Washington,  vol.  vii.  p.  23,  24. 


DANGERS   OF   SOUTHERN   STATES.  269 

formed,  as  the  more  immediate  object  of  the 
campaign."  This  restriction  evidently  referred 
to  the  combined  movement  then  contemplated 
against  the  British  army  occupying  the  city  and 
environs  of  New  York,  and  rendered  inoperative 
the  rest  of  the  resolution. 

Virginia  was  the  pivot  State  on  which  the 
preparations  for  the  defence  of  the  South  mainly 
turned.  As  such,  on  the  24th  of  May,  1780,  she 
addressed  an  earnest  representation  to  Congress, 
calling  their  attention  to  the  systematic  and  con 
centrated  efforts  then  made  by  the  enemy  for 
the  conquest  of  the  Southern  States,  the  inade 
quacy  of  the  local  means  of  defence,  and  the 
necessity  of  speedy  and  powerful  reinforcements 
of  continental  troops,  as  well  as  of  additional 
supplies  of  arms  and  munitions.1  The  tempest 
of  war,  driven  on  by  a  victorious  general  who 
had  overrun  both  of  the  Carolinas,  soon  ap 
proached  her  own  borders ;  and,  on  the  2d  of 
December,  1780,  the  Assembly  adopted  the  fol 
lowing  resolution  :  — 

u  Resolved,  That  the  General  Assembly  will  ap 
point  some  proper  person  to  lay  before  Congress 
a  clear  state  of  the  war  in  this  quarter,  the  re 
sources  of  this  State  in  men,  money,  provisions, 
clothing,  and  other  necessaries,  and  to  solicit  the 
necessary  aids  either  from  our  sister  States  or 
European  allies,  and  to  concert  with  Congress, 
the  minister  of  France,  and  General  Washington, 

l  See  Journal  of  House  of  Delegates,  May  session,  1780,  p.  20. 
23* 


270  LIFE   AND  TIMES   OF  MADISON 

the  proceedings  necessary  in  the  present  con 
juncture  of  affairs  in  the  South."1 

The  matters  embraced  by  this  resolution  were 
most  proper  subjects  of  representation  to  the 
central  authority  charged  with  the  common  de 
fence;  but  the  unusual  expedient  of  appointing 
a  special  envoy,  for  the  purpose  of  making  the 
representation,  does  not  appear  to  have  been 
conceived  with  a  very  scrupulous  delicacy  and 
regard  to  the  delegates  of  the  State  in  Congress, 
by  whom  the  duty  would  doubtless  have  been 
discharged  with  equal  fidelity  and  effect.  The 
proposition  originated  with  Mr.  Henry.2  On  the 
choice  of  the  envoy,  there  was  an  equal  vote 
between  Mr.  Benjamin  Harrison,  Speaker  of  the 
House  of  Delegates,  and  Mr.  Eichard  Henry  Lee. 
The  latter  withdrawing  his  name,  Mr.  Harrison 
was  declared  elected. 

Letters  of  Mr.  Madison  to  his  colleague  Mr. 
Jones,  and  to  his  friend  Judge  Pendleton,  writ 
ten  at  the  time,  show  that  he  was  not  insensible 
to  the  apparent  slight  implied,  if  not  intended, 
by  this  proceeding.8  No  personal  susceptibility, 
however,  was  permitted  to  derogate  from  the 
conscientious  zeal  and  manly  dignity  with  which 
he  discharged  his  representative  trust.  The  se 
cret  journals  of  Congress  show  that,  on  the  1st 
of  January,  1781,  he  brought  to  the  notice  of 

l  See  Journal  of  House  of  Del-    Joseph  Jones  to  Mr.  Madison,  dafc- 
egates,  October   session,  1780,  p.     ed  the  2d  of  January,  1781. 

3  See  Madison  Debates  and  Cor- 
3  See  manuscript  letter  of  Mr.    respondence,  vol.  i.  pp.  72  and  81. 


ARRANGEMENTS  FOR  THEIR  DEFENCE.       271 

the  body  a  despatch  of  Mr.    Adams   containing 
the  intelligence  that  the  operations  of  the  enemy 
were  to  be  directed,  during  the  ensuing  campaign, 
against  the  South  ;   a  copy  of  which,  he  moved, 
should  be   transmitted  to  the  commander-in-chief, 
and   that  "he   be    informed   it   is  the    desire   of 
Congress  he  should  immediately  make  such  dis 
tribution    of  the  forces   under   his  command,  in 
cluding  those  of  our  allies  under  Count  Rocham- 
beau,    as    will    most    effectually    counteract    the 
views  of  the   enemy  and    support  the    Southern 
States."     The  motion  was  adopted ;  but  not  until 
it  had  undergone  a  modification,  which  changed 
its  character  and   materially  impaired   its  direct 
ness  and  value  by  simply  asking  the  opinion  of 
the  commander-in-chief  on  the  naked  question  of 
transferring  the  French  forces  from  their  position 
in  Rhode  Island  to  some  post  in  Virginia.1 

Mr.  Madison  was  one  of  the  committee  ap 
pointed  to  confer  with  Colonel  Harrison  on  the 
subjects  of  his  mission.  How  earnestly  he  labored 
to  promote  its  success,  is  vouched  as  well  by  the 
spirit  of  the  motion  previously  made  by  him,  to 
which  we  have  just  referred,  as  by  the  nature 
of  the  resolutions  which  Congress,  upon  the  rec 
ommendation  of  that  committee,  finally  adopted. 
By  those  resolutions,  which  were  passed  on  the 
20th  of  February,  1781,  the  Southern  army  was 
henceforward  to  be  composed  of  all  the  regular 
troops  from  Pennsylvania  to  Georgia  inclusive; 

1  Secret  Journals  of  Congress,  vol.  i.  pp.  179-181. 


272  LIFE    AND   TIMES   OF  MADISON. 

the  Pennsylvania  line  was  ordered  to  join  the 
army  in  Virginia  without  loss  of  time,  by  de 
tachments  as  they  may  be  in  readiness  to  march ; 
and  transportation  and  supplies  of  every  descrip 
tion,  clothing,  tents,  arms,  and  ammunition  were 
to  be  promptly  furnished,  for  the  purchase  of 
which  specie  funds  were  to  be  at  once  placed  at 
the  disposal  of  the  Board  of  War.1 

The  immediate  moral  effect  of  these  resolu 
tions  was  to  abate  the  strong  feeling  of  dissatis 
faction  which  was  beginning  to  be  manifested  in 
Virginia  under  the  seeming  abandonment  in 
which  she  had  been  left  by  Congress  and  her 
sister  States  of  the  North,  in  the  dangers  which 
now^  surrounded  her.  In  every  stage  of  the  war, 
she  felt  that  she  had  exerted  herself  to  the  ut 
most  of  her  ability  for  the  common  cause,  both 
in  the  North  and  in  the  South.  Since  the  fall 
of  Charleston,  which  had  enabled  the  enemy  to 
direct  his  operations  almost  exclusively  against 
the  States  of  South  and  North  Carolina,  she  had 
poured  out  all  her  resources  of  men,  money,  and 
supplies  with  unstinted  liberality,  on  the  call  of 
Congress  and  the  commander-in-chief,  for  the  de 
fence  of  that  portion  of  the  Confederacy.  This 
she  had  done,  to  the  entire  neglect  of  her  own 
safety. 

When,  in  the  winter  and  spring  of  1781,  she 
found  herself  suddenly  invaded  by  a  hostile  ar 
mament, —  which,  having  the  undisputed  com- 

1  Journals  of  Congress,  vol.  in.  p.  379. 


EXERTIONS   OF  VIRGINIA.  273 

tnand  of  the  water,  was  able  in  a  few  days  to 
penetrate,  by  her  bays  and  rivers,  to  the  very 
heart  of  her  territory,  —  she  was  so  exhausted 
by  the  efforts  she  had  made  in  other  and  distant 
fields,  —  her  magazines,  her  arsenals,  her  coffers, 
her  military  stations  all  emptied, —  that  she  was 
for  the  moment  incapable  of  organizing  any 
effective  resistance.  The  painful  sacrifice  which 
this  cost  her,  both  in  her  pride  of  character  and 
her  local  interests,  she  had  been  exhorted  to 
bear  for  the  paramount  interests  of  the  general 
cause. 

"As  the  evils  you  have  to  apprehend  from 
these  predatory  incursions,"  wrote  General  Wash 
ington  on  the  6th  of  February,  1781,  to  the  gov 
ernor  of  the  State,  "are  not  to  be  compared  to 
the  injury  to  the  common  cause,  and  with  the 
danger  to  your  State  in  particular,  from  the  con 
quest  of  the  States  to  the  southward  of  you,  I 
am  persuaded  the  attention  to  your  immediate 
safety  will  not  divert  you  from  the  measures 
intended  to  reinforce  the  Southern  army,  and 
put  it  in  a  condition  to  stop  the  progress  of  the 
enemy  in  that  quarter." ' 

The  exhortation  was  faithfully  heeded.  The 
presence  of  the  detestable  Arnold  in  his  entrench 
ments  at  Portsmouth,  though  requiring  a  large 
body  of  militia  to  watch  and  restrain  his  parri 
cidal  enterprises,  did  not  prevent  the  sending  of 
timely  reinforcements  to  General  Greene  ;  which 

1  See  Sparks's  Washington,  vol.  vn.  p.  402. 


274  LIFE  AND  TIMES   OF  MADISON. 

enabled  him  to  recross  the  Dan,  and  in  turn  to 
pursue  and  offer  battle  to  the  adversary  before 
whom  he  had  lately  been  compelled  to  retreat. 

But  Virginia  herself  was  now  the  doomed  and 
selected  theatre  of  the  war.  The  British  gen 
eral,  Cornwallis,  wrote  to  Sir  Henry  Clinton  at 
New  York, — 

"I  cannot  help  expressing  my  wishes  that  the 
Chesapeake  Bay  may  become  the  seat  of  the 
war.  Until  Virginia  is,  in  a  manner,  subdued, 
our  hold  upon  the  Carolinas  must  be  difficult,  if 
not  precarious."  1  In  pursuance  of  this  policy, 
after  reposing  his  troops  a  few  days  at  Wilming 
ton  in  North  Carolina,  whither  he  had  repaired 
after  the  battle  of  Guilford  Court-House,  he  re 
newed  his  advance  upon  Virginia. 

In  the  mean  time,  Greene  had  determined  to 
push  on  to  Camden,  in  the  hope  of  drawing 
Cornwallis  after  him,  or,  if  he  did  not  succeed 
in  that,  of  recovering  the  posts  in  South  Caro 
lina  which  were  held  by  the  forces  under  Lord 
Rawdon.  The  result  of  this  strategic  movement 
as  it  turned  out,  was  to  leave  Virginia,  naked 
and  unsupported,  to  the  double  invasion  of  Corn 
wallis  from  the  South,  and  Arnold  and  Phillips 
from  the  North. 

Even  before  the  arrival  of  the  victorious  legions 
of  Cornwallis,  the  governor  of  the  State  had  re 
peatedly  urged  upon  Congress,  through  letters  to 
its  President,  the  necessity  of  prompt  aids,  of 

1  Cited  in  note  to  Sparks's  Washington,  vol.  vn.  p.  458. 


SUPPOSED  INDIFFERENCE   OF  THE  NORTH.    275 

both  men  and  arms,  in  the  position  of  actual  as 
well  as  impending  danger  in  which  the  State 
was  placed.  "An  enemy  three  thousand  strong," 
he  said,  K  not  a  regular  in  the  State,  nor  arms 
to  put  in  the  hands  of  the  militia,  are  indeed 
discouraging  circumstances." l 

While  Congress,  and  the  other  States,  contin 
ued  inattentive  to  these  representations,  it  is  not 
surprising  that  Virginia,  with  the  consciousness 
of  what  she  had  done  and  suffered  for  the  com 
mon  cause,  should  exhibit  a  keen  sensibility  to 
the  injustice  of  such  neglect.  It  was  under  these 
circumstances,  and  before  information  had  been 
received  of  the  result  of  Colonel  Harrison's  mis 
sion,  that  it  was  proposed  in  the  General  Assem 
bly  to  address  a  remonstrance  to  Congress  upon 
the  subject.  Among  the  papers  of  Mr.  Madison, 
we  find  the  draught  of  such  a  remonstrance  by 
a  member,  which  Judge  Pendleton  sent  to  Mr. 
Madison  as  indicating  the  deep,  and,  as  he  con 
sidered  them,  just  and  well-founded  complaints, 
which  the  antecedent  neglect  of  Congress  and 
apparent  indifference  of  the  other  States,  had 
excited.2  Although  the  answer  finally  given  to 
Colonel  Harrison's  mission  prevented  this  paper 

1  See  letter  of  the  3 1st  of  March,  transmitted  was  supposed  by  Mr. 
1781,  to  President  of  Congress,  in  Madison  to  be  the  production  of 
Jefferson's  Writings,  vol.   I.   215,  John  Taylor  of  Caroline,  the  rela- 
216.  tive  and  protege  of  Judge  Pendle- 

2  See  manuscript  letter  of  Judge  ton,  and  at  that  time  a  member  of 
Pendleton  to  Mr.  Madison,  of  the  the  General  Assembly. 

26th  of  March,  1781.     The  paper 


276  LIFE   AND   TIMES   OF  MADISON. 

from  receiving  an  official  character,  yet  as  a  jus 
tification  of  Virginia  from  illiberal  insinuations 
which  are  sometimes,  even  now,  brought  against 
her  revolutionary  fame;  and  as  a  condensed  and 
eloquent  presentation  of  public  transactions  in 
the  light  in  which  they  appeared  to  an  intelli 
gent  observer,  it  seems  properly  to  belong  to 
the  history  of  the  times.  As  such,  we  insert  it 
here,  omitting  only  the  formal  introductory  part. 
Speaking  in  the  name  of  the  General  Assembly 
of  Virginia,  it  says, — 

"  'Tis  not  from  an  impulse  of  vanity  that  they 
would  remember  past  transactions,  but  it  is  ne 
cessary  in  order  to  wrest  Virginia  from  that  load 
of  obloquy  with  which  she  hath  been  oppressed 
by  those  who  rashly  judge  from  detached  facts, 
and  not  from  a  collective  view  of  public  transac 
tions.  Ere  the  war  began,  we  heard  the  cries  of 
our  brethren  at  Boston,  and  paid  the  tax  due  to 
distress.  We  accompanied  our  Northern  allies 
during  almost  every  progressive  stride  it  made, 
where  danger  seemed  to  solicit  our  ardor.  We 
bled  with  them  at  Quebec,  at  Boston,  at  Har- 
Isem,  at  White  Plains,  at  Fort  Washington,  at 
Brandy  wine,  at  Germantown,  at  Mud  Island,  at 
White  Marsh,  at  Saratoga,  at  Monmouth,  and  at 
Stony  Point.  We  almost  stood  alone  at  Trenton 
and  Princeton,  and  during  the  winter  campaign 
which  followed. 

"  But  when  we  came  to  look  for  our  Northern 
allies,  after  we  had  thus  exhausted  our   powers 


DRAUGHT  OF   A  REMONSTRANCE.  277 

in  their  defence,  when  Carolina  and  Georgia 
became  the  theatre  of  war,  they  were  not  to 
be  found.  We  felt  that  they  were  absent  at 
Stono,  at  Savannah,  at  Charleston,  at  Monk's 
Corner,  at  Buford's  defeat,  at  Lanneau's  Ferry, 
at  Camden,  at  King's  Mountain,  at  the  Cow- 
pens,  and  at  Georgetown.  Whilst  we  are  continu 
ing  our  utmost  exertions  to  repair  the  mighty 
losses  sustained  in  defending  almost  every  State 
in  the  Union,  we  at  length  find  ourselves  in 
vaded,  and  threatened  with  the  whole  weight 
of  the  American  war.  When  the  Northern  States 
were  attacked,  the  sluices  of  paper  credit  were 
not  only  opened,  but  the  force  of  all  America 
concentred  to  the  point  of  danger.  Now,  North 
ern  and  Southern  departments  are  formed,  calcu 
lated  more  to  starve  the  only  active  war,  than 
for  the  purpose  of  common  defence. 

"  Let  it  be  remembered  that  Georgia  and  South 
Carolina  are  lost,  that  North  Carolina,  in  a 
state  of  uncertainty  from  continual  alarms,  can 
not  furnish  supplies,  and  that  Maryland  hath 
only  sent  those  of  men.  Virginia,  then,  impov 
erished  by  defending  the  Northern  department, 
exhausted  by  the  Southern  war,  now  finds  the 
whole  weight  of  it  on  her  shoulders.  Even  after 
these  departments  were  formed,  Congress  called 
for,  and,  by  a  great  exertion  on  our  part,  actu 
ally  received  half  a  million  for  the  Northern 
army.  The  war  having  converted  its  rage  from 
the  Northern  to  the  Southern  States,  the  former, 

VOL.   I.  24 


278  LIFE   AND  TIMES   OF  MADISON. 

thus  exonerated  from  the  immediate  obligations 
of  the  Union,  might  have  seized  the  opportunity 
of  completing  their  levies,  which  would  have  en 
abled  them  to  return  with  accumulated  vigor  to 
our  assistance.  But  they  were  employed  in  avail 
ing  themselves  of  resolutions  of  Congress,  by 
which  they  got  rid  of  their  State  paper  at  the 
expense  of  the  Union;  whilst  Virginia  was  left 
struggling  under  that  unwieldy  load  from  which 
no  exertions  could  disengage  her,  during  the  con 
tinuation  of  those  enormous  expenses  she  was 
forced  to  yield  to  or  leave  the  Southern  war  to 
expire  through  famine. 

"  Thus  situated,  our  only  resource  is  the 
wretched  one  of  more  paper  money,  in  addition 
to  enormous  taxes,  which  are  the  more  pecu 
liarly  distressing  as  they  must  be  collected  whilst 
near  ten  thousand  of  our  citizens,  exclusive  of 
our  regular  troops,  are  in  the  field.  A  tax  of 
four  and  a  fourth  per  cent,  on  a  specie  valuation 
of  property;  a  tax  of  thirty  pounds  of  tobacco 
and  two  bushels  of  corn  on  each  tithable ;  a  tax 
of  three  thousand  beeves ;  a  tax  of  three  thousand 
suits  of  clothes ;  a  tax  of  seventy-four  wagons  and 
teams,  besides  many  occasional  seizures  and  other 
collateral  dues,  all  paid  or  to  be  paid  in  the  pres 
ent  year,  do,  when  added  to  the  emissions  of 
twenty-one  millions  of  pounds  in  three  months, 
prove  that  Virginia  hath  not  been  unmindful  of 
the  extraordinary  efforts  expected  from  her. 

"Thus    exhausted   with    our  former    exertions, 


TESTIMONY   OF  HISTORY.  279 

thus  straining  every  nerve  in  present  defence, — 
pressed  with  a  great  hostile  army,  and  threat 
ened  with  a  greater,  —  beset  with  enemies  both 
savage  and  disciplined,  —  the  Assembly  of  Vir 
ginia  do,  in  behalf  of  their  State  and  in  behalf 
of  the  common  cause,  in  the  most  solemn  man 
ner  summon  the  other  States  to  their  assistance. 
They  demand  aids  of  men,  money,  and  every 
warlike  munition.  If  they  are  denied,  the  con 
sequences  be  on  the  heads  of  those  who  refuse 
them.  The  Assembly  of  Virginia  call  the  world 
and  future  generations  to  witness  that  they  have 
done  their  duty,  that  they  have  prosecuted 
the  war  with  earnestness,  and  they  are  still 
ready  so  to  act,  in  conjunction  with  the  other 
States,  as  to  prosecute  it  to  a  happy  and  glori 
ous  period."1 

1  That  the  tone   of  this  paper  York  to  recruit  the  enemy  in  this 

was  not  without  much  to  call  for  quarter,  without  any  corresponding 

and  justify   it,  in   the   delays   of  assistance  to  us?     Surely  not;  as 

Congress  and   the   unconcern   of  it  must  produce  the  worst  conse- 

the  Northern  States,  is  shown  by  quences.     I  am  happy  to  find  our 

the  testimony  and  opinions  of  men  people  willing  to  exert  themselves 

remarkable   for   the   calmness   of  on  this  great  occasion,  but  know 

their  tempers  and  the  cautious  so-  they  are  not  alone  able  to  support 

briety  of  their  judgments.  this  burden,  nor  do  I  believe  they 

Judge  Pendleton,  in  writing  to  will  submit  to  be  duped," 

Mr.  Madison  on  the  7th  of  April,  Mr.  Sparks,  an  historian  of  scru- 

1781,   twelve   days   after  he   had  pulous  research  and  candor,  and  a 

transmitted  the  paper  given  above,  citizen  himself  of  the  North,  says, 

uses  this  language  :  —  in  his  Life  of  Washington  :  — 

"  Do    Congress   mean   to  leave  "  The  Eastern  and  Middle  States 

the  weight  of  this   Southern  war  in    particular,   after   the    French 

entirely  upon  Virginia  ?    Or  suffer  troops  had  arrived  in  the  country, 

our  main  army  to  remain  idle  spec-  and  the  theatre  of  the  war  had 

tators  of  repeated  drafts  from  New  been  transferred  by  the  enemy  to 


280  LIFE  AND   TIMES   OF  MADISON. 

At  length,  the  Marquis  Lafayette  was  sent 
with  a  detachment  of  twelve  hundred  men  to 
the  relief  of  Virginia.  This  expedition  had  been 
planned  by  the  ever  watchful  providence  of  the 
commander-in-chief  early  in  February,  and  in  anti 
cipation  of  any  action  of  Congress  on  the  subject. 
It  was  originally  projected  with  the  view  of  cutting 
off  Arnold,  and  depended  for  its  success  on  the 
cooperation  of  the  French  fleet  from  Rhode  Island. 
When  that  cooperation  was  arrested  midway  by 
an  engagement  between  the  two  hostile  fleets 
off  the  capes  of  the  Chesapeake,  the  expedition 
under  Lafayette,  which  had  already  reached  An 
napolis  on  its  Southern  destination,  returned  to 
the  head  of  the  bay.  There  he  was  met  by 
new  orders  from  the  commander-in-chief,  which, 
to  his  great  delight,  committed  to  him,  with  the 
detachment  under  his  command,  the  general 
direction  of  the  operations  for  the  defence  of 
Virginia. 

He  hastened  to  the  scene  of  his  important 
military  trust,  and,  by  a  forced  march,  arrived 
with  his  troops  at  Richmond  just  in  time  to 

the  South,  relapsed  into  a  state  of  the   Eastern   and   Middle    States, 

comparative  inactivity  and  iridif-  marched   with   reluctance   to   the 

ference,  the   moi\>  observable   on  southward,    and     showed    strong 

account  of  the  contrast  it  present-  symptoms  of  discontent  when  they 

ed   with  the   ardor,   energy,  and  passed  through  Philadelphia.    This 

promptitude  which  had  previously  had    been    foreseen    by    General 

characterized  them."     And  after-  Washington,  and  he  urged  the  su- 

wards,  when  at  last  the  army  was  perintendent  of  finance  to  advance 

on  its  march  to  the  South,  he  says,  to   them   a  month's  pay  in   hard 

"  The  soldiers,  being  mostly  from  money." 


CORNWALLIS  INVADES  VIRGINIA.  281 


prevent,  with  the  assistance  of  the  militia  col 
lected  there,  another  occupation  of  the  capital 
of  the  State  by  the  enemy's  forces  under  Gen 
eral  Phillips.  The  arrival  a  few  days  afterwards 
of  Lord  Cornwallis,  with  his  imposing  and  tri 
umphant  army,  reduced  the  youthful  general, 
charged  with  the  defence  of  Virginia,  to  so  great 
an  inferiority  of  force  as  to  put  in  requisition  all 
his  vigilance  and  conduct  to  avert  the  accom 
plishment  of  the  haughty  boast  of  his  adversary 
—  "The  boy  shall  not  escape  me."  He  effected, 
with  admirable  self-possession  and  skill,  a  retro 
grade  movement  before,  and  almost  in  the  pres 
ence  of,  an  advancing  foe  with  largely  superior 
numbers,  until  he  reached  the  northern  bank  of 
the  Eapidan ;  where  he  awaited  the  expected 
reinforcement  of  the  Pennsylvania  troops  under 
General  Wayne. 

During  this  interval,  the  territory  of  the  State 
lay  open  to  the  enterprises  of  the  invader.  Ex 
peditions  were  pushed  in  various  directions  ; 
some  to  obtain  possession  of  military  stores ; 
others  to  seize  and  destroy  private  property  • 
and  one  in  particular  under  the  noted  partisan, 
Tarlton,  to  capture  or  disperse  the  legislature, 
with  the  governor,  then  at  or  near  Charlottesville, 
a  quiet  and  retired  village  in  the  midland  region 
of  Virginia.  The  legislature,  on  the  approach  of 
the  enemy,  adjourned  in  haste,  to  meet  again  in 
Staunton.  Several  of  its  members  fell  into  the 
hands  of  the  bold  marauder;  and  Mr.  Jefferson, 

24* 


282 


LIFE   AND   TIMES   OF  MADISON. 


who,  upon  the  expiration,  three  days  before, 
of  his  second  year  in  the  office  of  governor, 
had  declined  a  reelection,  narrowly  escaped  cap 
ture  at  his  private  residence  in  the  neighbour 
hood.1 

For  the  moment,  there  seemed  to  be  a  gen 
eral  disorganization,  both  civil  and  military ;  and 
it  would  certainly  not  appear  an  incredible  cir- 


1  Many  charges,  more  or  less 
envenomed  by  the  spirit  of  party 
hostility,  have  been  brought  against 
the  conduct  of  Mr.  Jefferson  at 
this  crisis.  They  have  been  fully 
and  ably  answered  by  his  biogra 
phers,  Mr.  Tucker  and  Mr.  Ran 
dall.  Any  notice  of  them  here 
would  be  as  superfluous  as  it  is  ex 
traneous  to  the  object  of  this  work. 
But  so  extraordinary  an  attempt 
has  been  recently  made  to  sustain 
the  most  reckless  of  all  these  im 
putations, —  that  of  personal  ti 
midity,  —  by  the  testimony  of  one 
of  Mr.  Jefferson's  most  intimate 
friends,  that,  having  in  our  pos 
session  the  document  which  has 
been  thus  strangely  applied,  we 
feel  called  on  to  produce  it,  and  let 
it  speak  for  itself. 

In  the  publication  referred  to, 
(Hamilton's  History  of  the  Amer 
ican  Republic,  see  vol.  n.  p.  168, 
and  also  table  of  contents  to  chap, 
xxiv.,)  Judge  Pendleton  is  repre 
sented  as  "  charging  Mr.  Jefferson 
with  cowardice,"  in  the  sense  of 
unmanly  fear  before  the  enemy ; 
and  in  support  of  this  representa 
tion,  the  author,  after  stating  that 
''the  near  presence  of  British 


troops  was  irksome  to  the  govern 
or,"  introduces  an  isolated  remark 
from  a  letter  of  Judge  Pendleton, 
in  these  words  :  "  Jt  is  also  said  the 
governor  intends  to  resign.  It  is 
a  little  cowardly  to  quit  our  posts 
in  a  bustling  time." 

This  excerpt  is  taken  from  a 
manuscript  letter  of  Judge  Pendle 
ton  to  Mr.  Madison  of  the  6th  of 
November,  1 780,  now  before  us, 
and  is  separated  from  its  context, 
essential  to  its  true  meaning.  The 
whole  passage  is  as  follows  :  "  We 
had  no  House  of  Delegates  on  Sat 
urday  last,  which,  with  an  empty 
treasury,  are  circumstances  unfa 
vorable  at  this  juncture.  Mr. 
Henry  has  resigned  his  seat  in 
Congress ;  and  I  hear  Mr.  Jones 
intends  it.  It  is  also  said  the  gov 
ernor  intends  to  resign.  It  is  a  lit 
tle  cowardly  to  quit  our  posts  in  a 
bustling  time."  The  remark  of 
Mr.  Pendleton,  it  is  seen,  refers 
exclusively  to  a  question  of  civil 
courage  in  times  of  public  difficul 
ty,  and  includes  Mr.  Henry  and 
Mr.  Madison's  own  colleague,  Mr. 
Jones,  equally  with  Mr.  Jefferson, 
in  its  friendly  and  gentle  expostu 
lation. 


DICTATOR  PROPOSED.  283 


cumstance  if,  im  the  midst  of  such  pressing  dan 
gers,  and  in  the  absence  of  regular  and  efficient 
means  of  warding  them  off,  the  expedient  of  a 
temporary  dictatorship  should,  as  has  been  al 
leged,  have  been  suggested,  on  the  reassembling 
of  the  legislature  in  Staunton.  The  wisdom  and 
propriety  of  fthe  suggestion  will  probably  be 
judged  by  posterity,  more  with  reference  to  the 
personage  wlioj  was  in  contemplation  for  so  great 
a  trust,  than  upon  general  principles  applied 
to  an  exceptional  proposition  in  highly  excep 
tional  times.  There  was  but  one  man  who, 
by  surpassing  weight  of  character,  universal  con 
fidence,  and.  multiplied  proofs  of  virtue  and  wis 
dom  in  the  field  and  the  council,  —  by  deeds, 
not  words, — could  have  merited  such  a  trust 
at  the  hands  of  a  free  people ;  and  he  would 
have  declined  it. 

The  records  of  our  public  bodies  afford  no 
trace  whatever  of  the  formal  presentation  of  such 
a  proposition.  The  fact  has,  nevertheless,  passed 
into  history  upon  the  positive  averment  of  an 
eminent  contemporary  actor,1  uncontradicted  by 
any  of  his  associates  in  the  public  service,  and 
supported  ,  by  tradition.  The  favored  individual, 
upon  whom  it  was  believed  the  advocates  of  the 
scheme  de^ighejd  to  confer  this  supreme  and 
extra-constitutional  magistracy,  had  already  been 
governor  of  the  State,  and  at  the  time,  too,  of 
an  invasion,  (that  of  General  Matthew  in  the 

1  Mr.  Jefi'erson,  in  his  Notes  on  Virginia. 


284 


LIFE   AND  TIMES   OF  MArDISON. 


spring  of  1779,)  which  had  not  'been  met  with 
more  of  success  than  the  present.'1 

While  we  are  left,  for  the  mo$t  part,  to  con 
jecture  and  the  uncertain  lights  of  tradition 
with  regard  to  what  was  contemplated  in  the 


l  The  project  of  appointing  a 
dictator  was  twice  agitated  in  the 
legislature  of  Virginia,  according 
to  Mr.  Jefferson,  during  the  war 
of  the  Revolution,  —  first  in  the 
autumn  of  1776,  and  again  in  the 
summer  of  1781.  On  both  occa 
sions,  Mr.  Henry  is  represented 
by  the  traditional  accounts,  which 
have  been  preserved  by  historians, 
as  the  person  contemplated  for  this 
dangerous  eminence  by  the  patrons 
of  the  project.  The  biographer  of 
Mr.  Henry  (Mr.  Wirt)  records  a 
tradition  that  "  the  project  was 
crushed,"  on  the  first  occasion,  by 
a  desperate  vow  of  tyrannicide 
vengeance  uttered  to  Mr.  Henry's 
step-brother  by  Colonel  Archibald 
Gary,  —  a  stern  and  jealous  friend 
of  republican  freedom,  who  then 
occupied  the  post  of  Speaker  of 
the  Senate.  On  the  second  occa 
sion,  Mr.  Jefferson  (in  Notes  on 
Virginia)  says  "  the  proposition 
wanted  a  few  votes  only  of  being 
passed  ; "  and  Girardin,  probably 
upon  his  authority,  affirms  that, 
"  as  in  the  previous  instance  of  a 
similar  attempt,  the  apprehension 
of  personal  danger  produced  a  re- 
linquishment  of  the  scheme."  See 
Burk's  History  of  Virginia,  vol.  IV. 
appendix  12. 

Mr.  Wirt  is  very  earnest  in  ex 
culpating  Mr.  Henry  from  any  par 


ticipation  in  the  project  of  a  dic 
tatorship,  and  thinks  it  could  not 
have  "  receive'^  any  countenance  " 
from  him.  A  different  inference, 
however,  so  f!ar,  at  least,  as  the 
principle  of  t,he  measure  is  con 
cerned,  might  jiot  unreasonably  be 
drawn  from  the  language  of  Mr. 
Henry,  seven  yeairs  afterwards,  in 
the  convention  of  Virginia  on  the 
ratification  of  the  Federal  Consti 
tution.  Replying  to  the  argument 
of  danger  to  the  public  liberty  from 
a  probable  resort  to  dictatorial  pow 
er,  amid  the  civil  confusions  which, 
it  was  alleged,  a  rejection  of  the  con 
stitution  would  produce,  he  there 
said:  "In  making'  a  dictator,  we 
follow  the  example  |of  the  most  glo 
rious,  magnanimous;,  and  skilful  na 
tions.  In  great  dangers,  this  power 
had  been  given.  Roime  had  furnish 
ed  us  with  an  illustrious  example. 
America  found  a  peirson  worthy  of 
the  trust.  She  looked  to  Virginia 
for  him.  We  gave  a  dictatorial 
power  to  hands  thai  used  it  glori 
ously,  and  which  vjere  rendered 
more  glorious  by  surrendering  it 
up.  Where  is  t\]  ;re  a  breed  of 
such  dictators?  Shall  we  find  a 
set  of  American  P  esidents  of  such 
a  breed  ?  "  See  lobertson's  De 
bates  of  Virginia  Convention  of 
1788. 


LETTER   OF  RICHARD   HENRY  LEE.  285 

legislature  of  the  State,  the  files  of  Mr.  Madison's 
correspondence  at  the  time  afford  authentic  and 
indisputable  evidence  of  a  similar  suggestion 
emanating  from  another  distinguished  source, 
but  looking  to  a  different  and  yet  more  exalted 
character  as  the  object  of  the  proposed  trust. 
Ki  chard  Henry  Lee,  who,  when  not  a  delegate 
to  Congress,  had  hitherto  been  a  member  of  the 
legislature  of  the  State,  and  was  Speaker  of  the 
last  House  of  Delegates,  happened  now  to  be  in 
retirement  at  his  residence  in  the  county  of 
Westmoreland.  Hearing  of  the  rapid  and  unre- 
sisted  progress  of  Cornwallis,  and  of  the  recent 
occurrences  at  Charlottesville,  which  led  to  the 
dispersion  of  the  legislature  and  the  interregnum 
in  the  office  of  governor,  he  addressed  a  letter 
ta  the  delegates  of  Virginia  in  Congress,  com- 
raunicating  freely  and  earnestly  his  thoughts  on 
what  the  crisis  demanded  for  the  public  safety. 

This  letter  remained  in  the  hands  of  Mr.  Mad 
ison  as  one  of  the  delegates  to  whom  it  was 
addressed,  and  is  now  among  his  papers.  The 
following  extracts  will  disclose  what  were  the 
views  then  entertained  by  Mr.  Lee  of  both  the 
danger  and  the  remedy.  The  letter  is  dated  at 
'Chantilly,  June  12th,  1781,"  and  begins:  — 

"DEAR  GENTLEMEN:  I  am  not  informed  who  of 
our  delegates  remain  at  Congress,  and,  therefore, 
this  letter  is  addressed  to  you,  who  I  have  good 
reason  to  suppose  are  yet  there.  The  unhappy 


286  LIFE   AND   TIMES   OF  MADISON. 

crisis  of  our  country's  fate  demands  the  closest 
attention  of  all  her  sons,  and  calls  for  the  united 
wisdom  and  the  strongest  exertions  of  all  others 
who  may  be  affected  by  our  ruin." 

After  recapitulating,  in  an  impressive  manner, 
the  movements  of  the  enemy  and  the  events  at 
Charlottesville,  the  writer  proceeds :  - 

"Upon  the  principle,  therefore,  of  duty  to  my 
country,  and  deep  affection  for  the  liberties  of 
America,  I  have  ventured  to  give  you  this  in 
telligence  of  our  true  state,  and  mean  to  close 
it  with  my  opinion  of  the  remedy  best  fitted 
and  most  likely  to  baffle  the  designs  of  our  en 
emies,  and  to  secure  the  liberty  of  this  country. 
In  the  popularity,  the  judgment,  and  experience 
of  General  Washington,  we  can  alone  find  the 
remedy.  Let  Congress  send  him  immediately  to 
Virginia ;  and,  as  the  head  of  the  Federal  Union, 
let  them  possess  the  General  with  dictatorial 
power,  until  the  General  Assembly  can  be  con 
vened  and  have  determined  upon  his  powers; 
and  let  it  be  recommended  to  the  Assembly, 
when  met,  to  continue  this  power  for  six,  eight, 
or  ten  months,  as  the  case  may  require.  The 
General  should  be  desired,  on  his  arrival  here, 
to  call  a  full  meeting  of  the  legislature,  where 
he  shall  appoint,  to  consider  of  the  above  plan. 

"Both  ancient  and  modern  times  furnish  pre 
cedents  to  justify  this  procedure ;  but  if  they 
did  not,  the  present  necessity  not  only  justifies, 
but  absolutely  demands  the  measure.  In  the 


LETTER  OF  RICHARD   HENRY   LEE.  287 

winter  of  1776,  Congress  placed  such  powers  in 
the  General,  and  repeated  the  same  thing  (if  I 
mistake  not)  with  regard  to  Pennsylvania  in 
1777,  after  its  new  government  was  formed  and 
organized 

"The  inferiority  of  our  army  here  to  that  of 
the  enemy  renders  it  very  necessary  that  two  or 
three  thousand  regulars  be  sent  with  the  Gen 
eral,  or  at  least  to  follow  him  quickly,  and,  if 
they  are  to  be  got,  accoutrements  for  a  thousand 
horse,  with  a  good  supply  of  arms  and  ammuni 
tion  for  infantry.  The  better  to  distract  us,  and 
keep  our  force  divided,  the  armed  vessels  of  the 
enemy  are  pushing  vigorously  into  the  rivers, 
and  committing  depredations  on  the  shores  both 
of  bay  and  rivers.  Is  it  not  possible,  by  any 
solicitation,  to  procure  a  superior  marine  force 
for  these  Southern  waters? 

"It  is  reported  here  that  General  Wayne  has 
objections  to  act  under  the  Marquis'  command. 
If  there  should  be  any  disagreement,  or  any  ob 
jection  of  this  kind,  the  consequences  are  too 
obvious  to  escape  your  notice,  and  will  furnish 
an  auxiliary  reason  for  the  commander-in-chief 
coming  here,  if  any  additional  reason  can  be 
requisite,  when  the  very  being  of  the  State  de 
mands  it. 

"I  am,  dear  gentlemen, 

"Sincerely  and  affectionately  yours, 

"  RICHARD  HENRY  LEE." 


288  LIFE   AND   TIMES   OF  MADISON. 

On  the  vary  day  that  this  letter  was  written, 
the  legislature,  being  then  reassembled  at  Staun- 
ton,  elected  General  Thomas  Nelson,  who  had 
for  several  years  been  in  command  of  the  militia 
of  the  State,  to  the  office  of  governor.  On  the 
same  day,  also,  Lafayette,  having  already  effected 
a  junction  with  the  Pennsylvania  troops  under 
Wayne,  was  at  Boswell's  Ordinary,  in  Louisa 
County,1  retracing  his  steps  and  making  cautious 
approaches  towards  the  enemy,  who  still  retained 
a  decided  numerical  superiority.  Notwithstand 
ing  this  advantage,  the  British  general  decided 
to  retreat  slowly  to  the  lower  country;  and  La 
fayette,  additionally  reinforced  by  a  body  of  rifle 
men  from  the  western  part  of  the  State,  followed 
his  adversary  at  a  heedful  distance,  without  as 
yet  offering  battle. 

This  order  of  march  of  the  two  armies  contin 
ued,  with  little  variation,  till  the  6th  of  July, 
when  Cornwallis  prepared  to  pass  with  his  army, 
at  Jamestown,  to  the  south  side  of  the  river. 
Lafayette  then  departed  momentarily  from  the 
Fabian  policy  he  had  been  hitherto  pursuing; 
and  brought  on  an  action,  which  proving  to  be 
a  very  unequal  one,  (from  having  the  main  body 
of  the  enemy  to  engage,  instead  of  his  rear,  as 
he  had  been  led  to  suppose,)  he  very  adroitly 
extricated  himself  without  any  serious  loss. 

The  hostile  army  pursued  its  way  to  its  in- 
trenchments  at  Portsmouth.  Lafayette  reposed 

1  See  Memoires  de  Lafayette,  vol.  I.  p.  478. 


MILITARY   OPERATIONS   OF  LAFAYETTE.      289 

his  troops,  for  some  time,  at  Malvern  Hill,  on 
the  northern  bank  of  James  Eiver;  and  after 
wards  took  up  a  position  between  the  two 
branches  of  the  York,  near  their  confluence. 
Lord  Cornwallis,  after  many  apparent  fluctuations 
of  council,  and  in  order,  it  was  supposed,  to  ob 
tain  a  post  on  the  Chesapeake  more  accessible, 
at  all  times,  to  line-of-battle  ships,  finally  trans 
ferred  the  whole  force  under  his  command  from 
Portsmouth  to  Yorktown.  As  soon  as  this  change 
of  position  was  made  by  the  enemy,  Lafayette 
broke  up  his  encampment  on  the  Pamunkey,  and 
gradually  concentrated  his  forces  at  Williams- 
burg.1 


1  The  masterly  manner  in  which 
Lafayette  conducted  the  campaign 
in  Virginia,  down  to  the  time  of 
the  arrival  of  the  allied  army  un 
der  Washington  and  Rochambeau, 
forms  the  most  brilliant,  as  well  as 
the  most  successful,  part  of  his 
whole  public  career,  whether  in 
Europe  or  America.  Mr.  Madi 
son,  writing  to  Judge  Pendleton 
on  the  13th  of  November,  1781, 
says  :  "  Will  not  the  Assembly  pay 
some  handsome  compliment  to  the 
Marquis  for  his  judicious  and  zeal 
ous  services,  while  the  protection 
of  the  country  was  entrusted  to 
him?  His  having  baffled,  and  fi 
nally  reduced  to  the  defensive,  so 
powerful  an  army  as  we  now  know 
he  had  to  contend  with,  and  with 
so  disproportionate  a  force,  would 
have  done  honor  to  the  most  vet 
eran  officer,  and,  added  to  his  other 

VOL.  I.  25 


merits  and  services,  constitutes  a 
claim  on  their  gratitude  which,  I 
hope,  will  not  be  unattended  to." 

It  was  not  unattended  to.  On 
the  17th  of  December,  1781,  the 
General  Assembly  of  Virginia  pass 
ed  a  resolution,  conceived  in  the 
warmest  terms  of  affection  and  ap 
plause,  tendering  to  him,  "  for  his 
many  great  and  important  services, 
to  this  Commonwealth  in  particu 
lar,  and  through  it  to  the  United 
States  in  general,  the  grateful 
thanks  of  the  free  representatives 
of  a  free  people."  They  also  di 
rected  a  marble  bust  of  him  to  be 
made  by  one  of  the  best  artists  of 
Paris,  "  as  a  lasting  monument 
of  his  merit  and  of  their  grati 
tude."  [Journal  of  House  of  Dele 
gates,  October  session,  1  781,  p.  43.] 
Other  and  touching  testimonials 
of  gratitude  and  affection  were 


290  LIFE   AND  TIMES   OF  MADISON. 

Here,  aided   by   the    energetic    cooperation  of 
Governor  Nelson,  he  received  from  day  to   day 
reinforcements    of    volunteers    and    militia  ;    and 
here,  too,  he  was  soon  to  be  joined  by  the  whole 
body  of  the  allied  forces  under  Washington   and 
Rochambeau.     The  earnest  representations  made 
to  the    French   court    through    Colonel    Laurens 
had  led   to   the   resolution  not  only  of  granting 
additional  and   indispensable  succours  of  money, 
but  of  sending  out  a  powerful  naval  armament 
to  support  the  operations  of  the  joint  land  forces 
in  America.      Information  was  received  by  Gen 
eral   Washington,   on    the   14th   day  of  August,1 
that  Count  de  Grasse  would  arrive  in  the  Ches 
apeake  about  the   close  of  the  month,  with  the 
whole  French  West  India  fleet,  prepared  to  unite 
in  any  system  of  military  operations  which  should 

again  offered  to  him  by  the  legisla-  (interspersed,  however,  with  some 

ture  of  Virginia  in  1784  and  1786.  noble  acts  of  vigor  and  self-devo- 

See  Hen.  Stat.  vol.  xi.  p.  553,  and  tion,)  contrasted  with  the  unques- 

vol  xn.  p.  30.  tionable  splendor  of  his  American 

How  entirely  this  appreciation  services  and  deeds,  forms  one  of 

of  the  great  ability  shown  by  the  the   most  singular  phenomena  in 

youthful   general  in  the  Virginia  the  history  of  the   human  mind; 

campaign  of  1781  was  sanctioned  and  proves  how  fruitless  and  vain 

by  the  enlightened  judgment  of  are  the  highest  virtues  without  a 

Washington,   of  Vergennes,    and  congenial  theatre  for  their  display, 

of  the  French  minister  of  war,  Se-  and  unsupported  by  practical  dis- 

gur,  is  attested  by  their  recorded  cernment  in  their  application.  See 
opinions  at  the  time.'  See  Sparks's  a  philosophical  and  not  unfriendly 

Washington,  vol.  vin.  pp.  118  and  estimate  of  his  character  by  one  of 
208,  and  Memoires  de  Lafayette,  the  most  illustrious  of  his  country- 
vol.  i.  473.  men  in  Memoires  de  Monsieur 

The  comparative  nullity  of  Gen-     Guizot,  vol.  i.  pp.  238,  239. 
eral  Lafayette's  busy  and  check-         l  Sparks's  Washington,  vol.  VIU 
ered  career  in  his  own  country,    pp.  127  and  184. 


ALLIED   ARMY  MARCHES  TO  VIRGINIA.        291 

promise  the  best  result  in  a  necessarily  limited 
time.  This  opportune  information,  combined  with 
the  slowness  of  the  Northern  States  in  respond 
ing  to  the  requisitions  that  had  been  made  upon 
them  for  troops  to  aid  in  the  contemplated  oper 
ation  against  New  York,  and  the  large  rein 
forcements  recently  received  by  the  enemy  there, 
determined  the  mind  of  the  commander-in-chief 
at  once  to  direct  his  efforts  against  the  British 
post  and  army  in  Virginia. 

The  American  and  French  forces  already  as 
sembled  around  New  York  were  put  in  motion 
without  delay.  On  the  3d  day  of  September  a 
large  portion  of  the  allied  army  passed  through 
Philadelphia,  when  Mr.  Madison  wrote  to  his 
friend  Judge  Pendleton  in  the  following  buoyant 
terms :  — 

"  This  letter  will  be  the  most  agreeable  of  any 
I  have  long  had  the  pleasure  of  writing.  I  be 
gin  with  informing  you  that  the  commander-in- 
chief  and  the  Count  Eochambeau,  —  the  former 
with  a  part  of  the  American  army,  and  the  lat 
ter  with  the  whole  of  the  French,  —  are  thus  far 
on  their  way  for  the  Southern  department.  The 
American  troops  passed  through  the  town  yes 
terday:  the  first  division  of  the  French,  to-day. 
The  second  will  pass  to-morrow.  Nothing  can 
exceed  the  appearance  of  this  specimen  which 
our  ally  has  sent  us  of  his  army,  whether  we 
regard  the  figure  of  the  men,  or  the  exactness 
of  their  discipline." 


292  LIFE   AND   TIMES   OF  MADISON. 

Count    de   Grasse    arrived  in    the    Chesapeake 
with  his  fleet  of  twenty-eight  line-of-battle  ships, 
and  a   proportionate  number  of  frigates,  on  the 
30th  of  August.     With  one   portion  of  them  he 
blocked  up  the  mouth  of  York  Eiver ;  and  with 
another  he  occupied   the   James,  in  order  to  cut 
off  the   retreat  of  Lord   Cornwallis   to  the   Caro- 
linas,  should  he  meditate  such  an  attempt ;  while 
the  land  troops    brought  from   the   West  Indies, 
under  the    Marquis    de    Saint   Simon,  were    sent 
forward   to  join  Lafayette   at  Williamsburg.     De 
Grasse  had  been  but  a  few  days  in  the  Chesa 
peake,  when  the  whole   British  naval  force  from 
New   York,    under    Admirals    Graves  and   Hood, 
appeared  off  Cape  Henry,  and  offered  him  battle. 
The  gage  was  not  declined  by  the  French  admi 
ral,  but  the   action  which  ensued  was   not  deci 
sive.     The   two    hostile  fleets  remained  in   sight 
of  each  other,  for  several  successive   days,  with 
out    renewing    the    engagement.      In    the    mean 
time,  Count  de   Barras,  with   the   French   squad 
ron  from  Rhode  Island,  consisting  of  eight  line- 
of-battle   ships,  entered  the   Chesapeake   in  spite 
of  the  efforts  of  the  British  admirals  to  intercept 
him.      The  latter  then    returned    to    New  York; 
whence  Sir  Henry  Clinton  continued  to  hold  out 
hopes  of  speedy  relief  to  Cornwallis. 

But  events  hastened  to  their  consummation. 
Washington  and  Rochambeau,  as  soon  as  they 
arrived  with  the  allied  army  at  Williamsburg, 
went  on  board  the  Ville  de  Paris,  the  flag  ship 


SURRENDER  OF   CORNWALLIS.  ^593 

of  the  French  admiral,  to  concert  with  him  the 
necessary  measures  for  the  immediate  and  active 
commencement  of  the  siege.  Thus  was  opened, — 
in  the  presence  of  a  magnificent  fleet  of  our 
ally,  covering  the  waters  of  the  Chesapeake,  and 
coming  together,  as  if  by  magic,  from  remote 
and  opposite  points  of  the  compass,  —  that  great 
scene  of  combined  operation  between  the  arms 
of  France  and  the  United  States,  fraternal  yet 
emulous,  which  dashed  and  reversed  all  the  boasts 
of  a  haughty  invader,  and  sealed  the  independ 
ence  of  America  with  the  humiliating  surrender 
of  an  army  that  had  threatened  and  denounced 
its  conquest.  History  has  rarely  presented  a 
scene  more  dramatic  and  imposing  in  its  acces 
sories,  more  august  in  its  associations,  or  more 
transcendent  and  eventful  in  its  consequences, 
than  the  siege  and  surrender  of  Yorktown. 

NOTE.     We   have   already  re-  Hon.  Joseph  Jones,  one  of  the  del- 

ferred  to  some  proofs  of  the  con-  egates  of  Virginia  in  Congress, 

temporary  appreciation  of  the  able  "The    complaints    against    the 

generalship  displayed  by  Lafayette  Baron  de  Steuben   are  not  more 

in  his  operations  for  the  defence  distressing  than  unexpected ;  for  I 

of  Virginia  previous  to  the  arrival  always  viewed  him  in  the  light  of 

of  the  allied  army.     To  these,  we  a  good  officer.     If  he  has  formed 

are  pleased  to  have  it  in  our  power  a  junction  with  the   Marquis,  he 

to  add  the  just  estimate  of  his  mil-  will  be  no  longer  master  of  his  own 

itary  character  formed  by  Wash-  conduct.     Of  course,  the  clamors 

ington,   before    the    campaign    in  against    him   will   cease   with   his 

Virginia  had  given  evidence  to  the  command.  From  General  Greene's 

world  of  the   correctness  of  that  letters,  I  had  little  doubt  but  that 

estimate.     It  is  extracted  from  a  he  would   have  been  in  Virginia 

manuscript  letter,  now  before  us,  ere   this.     Powerful    causes    may 

addressed  by  General  Washington,  have  detained  him  :  but  I  am  per- 

on  the  10th  of  July,  1781,  to  the  suaded  he  will  be  there  as  soon  as 
25* 


294 


LIFE   AND   TIMES   OF   MADISON. 


possible,  as  it  is  within  his  com 
mand,  and  now  the  principal  thea 
tre  of  action.  In  the  mean  time, 
I  am  afraid  to  give  any  order  in 
that  quarter,  lest  it  should  clash 
with  his  views,  and  produce  con 
fusion. 

u  I  shall,  however,  write  fully  to 
him,  in  the  course  of  a  few  days, 
upon  the  several  matters  contained 
in  your  letter ;  and  until  his  arri 
val,  it  is  my  opinion  the  command 
of  the  troops  in  that  State  cannot 
be  in  better  hands  than  the  Mar 


quis's.  He  possesses  uncommon 
military  talents  ;  is  of  a  quick  and 
sound  judgment ;  persevering,  and 
enterprising  without  rashness ;  and 
besides  these,  he  is  of  a  very  con 
ciliating  temper  and  perfectly  so 
ber; —  which  are  qualities  that 
rarely  combine  in  the  same  person. 
And  were  I  to  add  that  some  men 
will  gain  as  much  experience  in 
the  course  of  three  or  four  years 
as  some  others  will  in  ten  or  a 
dozen,  you  cannot  deny  the  fact, 
and  attack  me  upon  that  ground." 


CHAPTEE    X. 

Proceedings  of  Congress  on  receiving  Intelligence  of  the  Surrender 
of  the  British  Army  at  Yorktown  —  Washington  urges  energetic 
Preparations  for  another  Campaign  —  Recommendation  warmly 
seconded  by  Mr.  Madison — Congress  makes  further  Calls  for 
Troops  and  Money  on  the  States  —  Frequent  Disregard  of  these 
Requisitions  —  Necessity  of  invigorating  the  Federal  Authority  en 
forced  by  Washington  —  Proposition  to  invest  Congress  with  coer 
cive  Power  —  Views  of  Mr.  Madison  on  the  Subject  —  Colonel 
Hamilton  brings  forward  a  Project,  in  a  Communication  addressed 
by  him  to  a  Member  of  Congress  —  Remarks  on  his  Scheme  — 
Policy  of  completing  the  Ratification  of  the  Articles  of  Confedera 
tion,  rather  than  attempt,  in  the  Midst  of  War,  the  Introduction 
of  a  new  System  —  Congress  applies  to  the  States  for  Power  to 
levy  Duties  on  Foreign  Imports  —  Mr.  Madison  zealously  sustains 
the  Application  —  His  Letter  on  the  Subject. 

CONGRESS,  on  the  24th  of  October,  1781,  re 
ceived  official  intelligence  of  the  capitulation  of 
Yorktown,  in  a  letter  from  the  commander-in- 
chief ;  and,  at  two  o'clock  of  the  same  day,  went 
in  procession  to  the  Dutch  Lutheran  Church, 
"to  return  thanks  to  Almighty  God  for  crown 
ing  the  allied  arms  of  the  United  States  and 
France  with  success  by  the  surrender  of  the 
whole  British  army  under  Earl  Cornwallis."  A 


296  LIFE   AND   TIMES   OF  MADISON. 

few  days  afterwards,  upon  the  report  of  a  com 
mittee  appointed  to  consider  the  most  proper 
mode  of  doing  honor  to  the  actors  in  so  splendid 
an  achievement,  the  thanks  of  Congress  were 
voted,  in  the  warmest  terms,  to  General  Wash 
ington,  Count  Rochambeau,  and  Count  de  Grasse, 
not  omitting  the  officers  and  soldiers  under  their 
command. 

It  was  further  resolved  that  "  the  United  States 
in  Congress  assembled  will  cause  to  be  erected 
at  York,  in  Virginia,  a  marble  column,  adorned 
with  emblems  of  the  alliance  between  the  United 
States  and  his  Most  Christian  Majesty,  and  in 
scribed  with  a  succinct  narrative"  of  the  great 
event;  an  event  which  must  render  that  spot 
forever  memorable  on  the  pages  of  history.  But 
no  monumental  structure  has  yet  risen  to  mark 
it  to  the  eyes  of  the  inquiring  patriot  or  stran 
ger;  and  a  solemn  pledge  of  the  national  faith 
to  the  glorious  past  of  our  annals,  —  a  debt 
which  no  change  or  lapse  of  time  can  cancel, — 
remains  still  unfulfilled. 

General  Washington,  in  writing  to  Congress 
on  the  26th  of  October,  for  the  purpose  of  trans 
mitting  complete  returns  of  the  prisoners,  arms, 
and  stores  surrendered  at  York,  and  also  of  in 
forming  them  what  disposition  of  his  forces  he 
had  determined  to  make  for  the  remainder  of 
the  season,  availed  himself  of  the  occasion  to 
express  to  that  body,  with  great  earnestness,  his 
opinion  of  the  course  which  wisdom  and  pru- 


RETURN  OF  WASHINGTON  TO  THE  NORTH.    297 

dence   demanded  in   preparing  for  another  cam 
paign. 

"Unacquainted,"  said  he,  "with  the  state  of 
politics  between  Congress  and  the  courts  of  Eu 
rope  respecting  future  negotiations,  whatever  our 
prospects  from  that  quarter  may  be,  I  cannot 
justify  myself  to  my  own  mind  without  urging 
Congress,  in  the  warmest  terms,  to  make  every 
arrangement  for  an  early  and  efficacious  cam 
paign,  the  ensuing  year,  that  may  be  found  ne 
cessary.  Arguments,  I  flatter  myself,  need  not 
be  adduced  to  impress  on  Congress  the  high  im 
portance  of  this  idea.  Whatever  may  be  the 
events  of  the  coming  winter  or  ensuing  summer, 
an  effectual  and  early  preparation  for  military 
operations  will  put  us  upon  the  most  respectable 
footing  either  for  war  or  negotiation;  while  re 
laxation  will  place  us  in  a  disreputable  situation 
in  point  of  peaceful  prospects,  and  will  certainly 
expose  us  to  the  most  disgraceful  disasters  in 
case  of  the  continuance  of  the  hostile  disposition 
of  our  enemies." 

Eeturning  to  reassume  his  position  in  the 
North,  the  commander-in-chief  arrived  in  Phila 
delphia  the  evening  of  the  26th  of  November. 
On  the  28th,  he  was  formally  received  by  Con 
gress;  and  in  the  address  of  the  President  on 
that  occasion,  congratulating  him  on  the  glorious 
success  of  the  allied  arms  in  Virginia,  he  was 
assured  that  "it  was  the  fixed  purpose  of  Con 
gress  to  draw  every  advantage  from  the  event 


298  LIFE   AND  TIMES   OF  MADISON. 

by  exhorting  the  States,  in  the  strongest  terms, 
to  the  most  vigorous  and  timely  exertions." 

Mr.  Madison,  in  writing  to  Judge  Pendleton 
the  day  preceding  this  public  reception  of  the 
General  by  Congress,  says :  — 

"Your  favor  of  the  19th  instant  came  to  hand 
yesterday.  On  the  same  evening  arrived  our 
illustrious  General,  returning  to  his  position  on 
the  North  Kiver.  We  shall  probably,  however, 
have  his  company  here  for  some  days  at  least, 
where  he  will  be  able  to  give  Congress  very 
seasonable  aid  in  settling  the  military  establish 
ment  for  the  next  year;  about  which  there  is 
some  diversity  of  opinion.  Whatever  the  total 
requisition  of  men  may  be  on  the  States,  I  can 
not  but  wish  that  Virginia  may  take  effectual 
measures  for  bringing  into  the  field  her  propor 
tion  of  men." 

Writing  to  the  same  friend  as  early  as  the  2d 
of  October,  1781,  in  anticipation  of  the  auspicious 
close  of  the  operation  then  pending  against  the 
enemy  at  York,  he  evinced  how  deeply  his  mind 
was  penetrated  with  the  necessity  of  unrelaxed 
military  preparations,  on  the  part  of  America,  to 
secure  the  great  boon  of  peace  and  national  in 
dependence. 

"We  have  received,"  said  he,  "some  communi 
cations  from  Europe,  relative  to  the  general  state 
of  its  affairs.  They  all  centre  in  three  important 
points.XThe  first  is,  the  obstinacy  of  Great  Brit 
ain,  the  second,  1he  fidelity  of  our  ally,  and  the 


MEASURES   OF   CONGRESS.  299 


third,  the  absolute  necessity  of  vigorous  and  sys 
tematic  preparations  for  war  on  our  part,  in 
order  to  insure  a  speedy,  as  well  as  favorable 
peace.  The  wisdom  of  the  legislature  of  Virginia 
will,  I  flatter  myself,  not  only  prevent  an  illusion 
from  the  present  brilliant  prospects,  but  take 
advantage  of  the  military  ardor  and  sanguine 
hopes  of  the  people  to  recruit  their  line  for  the 


war." 


These  views  finally  prevailed  in  the  delibera 
tions  of  Congress.  On  the  10th  of  December,  it 
was  resolved,  with  a  view  to  the  exigencies  of 
another  campaign,  to  complete  the  different  corps 
of  the  army  to  the  full  extent  of  the  establish 
ment  fixed  for  the  service  of  the  past  year;  and 
"the  legislatures  of  the  several  States  were  to 
be  called  upon,  in  the  most  pressing  manner,  to 
have  their  respective  quotas  of  the  land  forces 
in  the  field  by  the  first  day  of  March  next,"  and 
to  provide  for  vacancies,  which  might  thereafter 
occur,  by  new  enlistments  for  three  years  or  dur 
ing  the  war.1  It  had  already  been  resolved  to 
call  upon  the  States  for  the  sum  of  eight  mil 
lions  of  dollars  in  specie,  for  the  fiscal  service  of 
the  ensuing  year,  to  be  paid  in  equal  quarterly 
instalments,  —  the  first  payment  to  be  made  into 
the  treasury  on  the  first  day  of  April  next.2 

Experience,  however,  had  unfortunately  shown 
that  the  requisitions  of  Congress  and  the  com- 

1  Journals  of  Congress,  vol.  in.        2  Idem,  under  dates  of  October 
p.  700.  30  and  November  2,  1781. 


300  LIFE  AND  TIMES   OF  MADISON. 

pliance  of  the  States  were  not  always  equivalent 
terms.  While  some  of  the  States  responded  to 
the  calls  made  upon  them  with  a  noble  promp 
titude  and  self-devotion,  others  either  failed  to 
comply  at  all,  or  complied  only  tardily  and  in 
part.  The  embarrassments  to  the  common  ser 
vice,  and  the  injustice  of  the  unequal  burdens 
borne  by  the  different  members  of  the  Confeder 
acy,  arising  from  the  delinquency  of  some  of  the 
States,  constituted,  at  this  critical  period  of  the 
war,  a  crying  evil,  for  which  some  remedy  was 
loudly  demanded.  The  nature  and  extent  of  the 
evil  are  nowhere,  perhaps,  more  impressively  set 
forth,  in  words  of  truth  and  soberness,  than  in 
a  letter  addressed  by  Washington,  in  the  early 
part  of  the  year,1  to  his  young  connection  and 
friend,  John  Parke  Custis,  then  a  member  of  the 
Virginia  legislature. 

"  The  great  business  of  war,"  he  says,  "  can 
never  be  well  conducted,  if  it  can  be  conducted 
at  all,  while  the  powers  of  Congress  are  only 
recommendatory.  While  one  State  yields  obe 
dience,  and  another  refuses  it;  while  a  third 
mutilates  and  adopts  the  measure  in  part  only; 
and  all  vary  in  time  and  manner,  it  is  scarcely 
possible  that  our  affairs  should  prosper,  or  that 
anything  but  disappointments  can  follow  the 
best  concerted  plans.  The  willing  States  are 
almost  ruined  by  their  exertions ;  distrust  and 
jealousy  ensue.  Hence  proceed  neglect  and  ill- 

1  February  28th,  1781. 


GENERAL  WASHINGTON'S   VIEWS.  301 

timed  compliances ;  one  State  waiting  to  see  what 
another  will  do.  This  thwarts  all  our  measures, 
after  a  heavy,  though  ineffectual,  expense  is  in 
curred." 

With  regard  to  the  remedy,  and  the  pressing 
necessity  for  some  immediate  change,  he  pro 
ceeds  :  — 

"  Our  independence,  our  respectability  and  con 
sequence  in  Europe,  our  greatness  as  a  nation 
hereafter,  depend  upon  it.  The  fear  of  giving 
sufficient  powers  to  Congress,  for  the  purposes 
I  have  mentioned,  is  futile.  A  nominal  head, 
which  is,  at  present,  but  another  name  for  Con 
gress,  will  no  longer  do.  That  honorable  body, 
after  hearing  the  interests  and  views  of  the  sev 
eral  States  fairly  discussed  and  explained  by  their 
representatives,  must  dictate,  and  not  merely 
recommend  and  leave  it  to  the  States  to  do 
afterwards  as  they  please ;  which,  as  I  have  ob 
served  before,  is  in  many  cases  to  do  nothing  at 
all." l 

1  See  Sparks's  Washington,  vol.  Mr.  Jones.  From  an  indorsement 

vn.  pp.  440-444.  upon  it  by  Mr.  Madison,  it  seems 

Among  the  papers  of  Mr.  Mad-  to  have  been  supposed  by  him  that 
ison  printed  in  1840  by  order  of  General  Washington  was  the  wri- 
Congress,  is  a  remarkable  letter  of  ter.  This  conjecture,  however,  is 
unknown  origin,  expressing  opin-  not  confirmed  by  an  examination 
ions  in  striking  coincidence  with  of  General  Washington's  files.  It 
those  cited  above.  The  letter  ap-  is  most  probable,  from  certain  allu- 
pears  to  have  been  addressed  to  sions  in  the  letter,  that  it  was  writ- 
Messrs.  Pendleton,  Wythe,  and  ten  by  a  member  of  the  legislature 
Jefferson.  The  copy  of  it  in  the  of  Virginia;  and  one,  too,  of  the 
possession  of  Mr.  Madison  was  in  first  order  for  wisdom,  patriotism, 
the  handwriting  of  his  colleague,  and  experience.  The  following  ex- 

VOL.  i.  26 


302 


LIFE   AND   TIMES    OF  MADISON. 


The  conviction  became  general  in  the  country 
that  Congress  should,  in  some  mode  or  other,  be 
armed  with  the,  practical  means  of  enforcing  a 
compliance  of  the  States  with  the  lawful  requi 
sitions  of  the  central  authority.  The  legislature 
of  New  York,  in  a  very  able  paper  presented  to 
Congress,  declared  their  opinion  that  it  resulted 
from  the  very  nature  of  the  powers  granted  to 
that  body  by  the  articles  of  confederation,  as 
well  as  the  obligations  expressly  contracted  by  the 
States  in  the  same  instrument,  that  Congress  was 
already  invested  with  full  authority  to  compel, 
with  the  whole  military  force  of  the  nation,  if 
necessary,  refractory  States  to  conform  to  the 


tracts  will  serve  to  show  its  gen 
eral  drift  and  tone. 

"  The  States  appear  to  have 
yielded  to  Congress  the  right  of 
ascertaining  the  sum  necessary  for 
the  public  expense,  and  oblige 
themselves  to  furnish  their  propor 
tions  agreeably  to  the  mode  pre 
scribed  ;  they  also  yield  the  right 
of  fixing  the  quotas  of  men  for  the 
common  defence,  which  shall  be 
binding ;  but  no  mode  is  stated 
how  a  disobedient  or  delinquent 
State  is  to  be  compelled  to  furnish 
the  one  or  the  other,  and  for  want 
of  this  controlling  power  in  Con 
gress  over  the  States,  when  refrac 
tory,  war  cannot  be  prosecuted 
with  vigor,  and  the  safety  of  the 
whole  is  endangered,  besides  the 
hardship  and  injustice  to  those  that 
comply,  and  the  prolongation  of 
the  war  by  such  delinquencies.  If, 


in  surrendering  the  right  of  fixing 
the  proportions,  the  power  of  com 
pelling  obedience  is  implied,  how 
or  by  what  mode  ought  the  refrac 
tory  to  be  punished ;  by  shutting 
the  ports,  marching  an  army  in 
to  the  State,  or  in  what  other 
mode  ?  " 

The  writer  then  adds  :  "  It  would 
give  me  concern  should  it  be 
thought  of  me  that  I  am  desirous 
of  enlarging  the  powers  of  Con 
gress  unnecessarily,  as  I  declare  to 
God  my  only  aim  is  the  general 
good,  and  which,  in  time  of  war, 
does  appear  to  me  to  be  involved 
in  the  exercise  of  this  or  some  con 
trolling  power  adequate  to  drawing 
out,  in  due  proportion,  the  abilities 
and  resources  of  the  States."  See 
Madison  Debates  and  Correspond 
ence,  vol.  I.  pp.  81-84. 


MR.  MADISON'S  VIEWS. 


303 


federal  requisitions.  Such  was  understood  to  be 
the  acknowledged  common  law  of  confederacies, 
both  ancient  and  modern.1 

Mr.  Madison,  deeply  impressed  with  the  ruin 
ous  and  destructive  consequences  threatened  by 
the  wanton  delinquency  of  some  of  the  States, 
but  habitually  jealous  of  the  exercise  of  con 
structive  powers,  appears  to  have  favored,  at 
this  time,  a  specific  amendment  of  the  articles 
of  confederation,  which  should  expressly  grant 
to  Congress  authority  to  employ  the  force  of 
the  Union  against  the  trade  or  property  of  con 
tumacious  States,  in  such  manner  as  to  constrain 


them  to  fulfil  their  federal 


engagements. 


In  a 


i  Mr.  Jefferson,  in  a  letter  ad 
dressed  to  Colonel  Edward  Car- 
rington  some  years  after  this  pe 
riod,  [4th  of  August,  1787,]  says: 

"  It  has  been  so  often  said,  as  to 
be  generally  believed,  that  Con 
gress  have  no  power  by  the  con 
federation  to  enforce  anything; 
for  example,  contributions  of  mon 
ey.  It  was  not  necessary  to  give 
them  that  power  expressly;  they 
have  it  by  the  law  of  nature. 
When  two  parties  make  a  com 
pact,  there  results  to  each  a  power 
of  compelling  the  other  to  execute 
it.  Compulsion  was  never  so  easy 
as  in  our  case,  where  a  single  frig 
ate  would  soon  levy  on  the  com 
merce  of  any  State  the  deficiency 
of  its  contributions  ;  nor  more  safe 
than  in  the  hands  of  Congress, 
which  has  always  shown  that  it 
would  wait,  as  it  ought  to  do,  to 


the  last  extremities,  before  it  would 
exercise  any  of  its  powers  which 
are  disagreeable."  Jefferson's 
Writings,  vol.  n.  p.  203. 

In  1 784,  the  legislature  of  Vir 
ginia  passed  a  resolution  declaring 
that  Congress  ought  to  enforce  the 
payment  of  balances  due  from  any 
of  the  States  by  distress  on  the 
property  of  the  defaulting  States 
or  of  their  citizens.  See  Journal 
of  House  of  Delegates,  May  ses 
sion,  1 784,  pp.  1 1 , 1 2.  —  In  the  de 
bates  of  the  Virginia  convention 
on  the  ratification  of  the  federal 
constitution,  this  resolution  was 
referred  to ;  and  Mr.  George  Nich 
olas,  appealing  to  Mr.  Henry,  said, 
"I  am  sure  that  the  gentleman 
recognizes  his  child;"  and  it  was 
not  disowned.  See  Robertson's 
Debates  of  Virginia  Convention 
of  1788. 


LIFE  AND  TIMES   OF  MADISON. 

letter  to  Mr.  Jefferson  of  the  16th  of  April,  1781, 
he  thus  expressed  himself:  — 

"The  necessity,  of  arming  Congress  with  coer 
cive  powers  arises  from  the  shameful  delirk'ncy 
of  some  of  the  States,  which  are  most  capable 
of  yielding  their  apportioned  supplies,  and  the 
military  exactions  to  which  others,  already  ex 
hausted  by  the  enemy  and  our  own  troops,  are 
in  consequence  exposed.  Without  such  powers, 
too,  in  the  general  government,  the  whole  con 
federacy  may  be  insulted,  and  the  most  salutary 
measures  frustrated  by  the  most  inconsiderable 
State  in  the  Union.  At  a  time  when  all  the 
other  States  were  submitting  to  the  loss  and  in 
convenience  of  an  embargo  on  their  exports, 
Delaware  absolutely  declined  coming  into  the 
measure,  and  not  only  defeated  the  general  ob 
ject  of  it,  but  enriched  herself  at  the  expense  of 
those  who  did  their  duty 

"It  may  be  asked,  perhaps,  by  what  means 
Congress  could  exercise  such  a  power,  if  the 
States  were  to  invest  them  with  it.  As  long  as 
there  is  a  regular  army  on  foot,  a  small  detach 
ment  from  it,  acting  under  civil  authority,  would 
at  any  time  render  a  voluntary  contribution  of 
supplies  due  from  a  State  an  eligible  alternative. 
But  there  is  a  still  more  easy  and  efficacious 
mode.  The  situation  of  most  of  the  States  is 
such  that  two  or  three  vessels  of  force,  employed 
against  their  trade,  will  make  it  their  interest  to 
yield  prompt  obedience  to  all  just  requisitions 


PROPOSAL   OF   COERCIVE  POWERS.  305 

on  them.  With  respect  to  those  States  that 
have  little  or  no  foreign  trade  of  their  own,  it 
is  provided  that  all  inland  trade  with  such  States 
as  supply  them  with  foreign  merchandise  may 
be  interdicted,  and  the  concurrence  of  the  latter 
may  be  enforced,  in  case  of  refusal,  by  opera 
tions  on  their  foreign  trade."1 

A  proposition  of  this  kind  was  embodied  in 
the  report  of  a  committee  of  Congress ;  and  al 
though  it  undoubtedly  met  the  approbation  of 
that  body,  it  seems  not  to  have  been  pressed  to 
a  final  decision.  Those  who  favored  the  meas 
ure  believed  that  the  mere  grant  of  the  pro 
posed  power  to  Congress  would  obviate  all  oc 
casion  for  its  exercise,  as  the  States  prone  to 
disregard  their  federal  duties,  knowing  before 
hand  the  penalty  of  disobedience,  would  not 
choose  to  expose  themselves  to  its  visitation. 
But  the  lively  jealousy  of  congressional  author 
ity,  which  prevailed  in  some  of  the  States,  ren 
dered  it  sufficiently  evident  that  no  application 
for  additional  power,  however  urgent  its  appar 
ent  necessity,  could  at  that  time  receive  the 
unanimous  assent  of  all  the  States,  necessary  to 
make  it  a  part  of  the  federal  compact. 

Among  the  many  projects  of  reform  in  the 
federal  system,  suggested  by  individuals  or  public 
bodies  about  this  period,  much  attention  has,  of 
late  years,  been  drawn  to  a  letter  addressed  by 
Colonel  Alexander  Hamilton  to  Mr.  Duane,  a 

1  Madison  Debates  and  Correspondence,  vol.  i.  pp.  86,  87. 
26* 


306  LIFE  AND  TIMES   OF  MADISON. 

member  of  Congress  from  the  State  of  New  York. 
The  letter  bears  date  the  3d  of  September,  1780. 
Colonel  Hamilton  was,  at  that  time,  one  of  the 
aids  of  the   commander-in-chief,  and  had  already 
won  much   distinction   by  his   generous   ardor  in 
the   cause  of  the   Revolution,  and  by  the   proofs 
he  had  given  of  superior  abilities,  both  civil  and 
military.     His   position  in   the  military  family  of 
General  Washington,  and  his  own  active  and  intel 
ligent  spirit,  had  made  him  thoroughly  conversant 
with  the  general  course  and  actual  condition  of 
public  affairs.     The  views  of  such  a  mind,  on  the 
wants  and   exigencies  of  the   country,  could  not 
but   possess  a  high  degree   both  of  interest  and 
instruction.     But  when    the    letter    of   a    young 
man  of  twenty-three  years  of  age  is  gravely  rep 
resented  as  "  the  ablest  and  truest  production  on 
the   state  of  the    Union  which  appeared    during 
the  Revolution,"  and    "  as  containing   in   embryo 
the  existing  Federal  Constitution,"1  formed  seven 
years    afterwards   by    the  joint    councils    of   the 
most  experienced  statesmen  of  America,  —  when 
we  find  this  key-note  of  adulation   and   applause 
followed  by  a  numerous   school  of  political  writ 
ers,  who    trace   up   everything   of  value    in    our 
institutions   to   the   precocious  wisdom    or    lucky 
inspiration  of  this  boasted  letter,  —  we  are  sum 
moned    to   study  it  with  a    closer   scrutiny   and 
attention. 

Freely  assenting  to  the  many  and  unquestion- 

i  See  Life  of  Alexander  Hamilton  in  "  National  Portrait  Gallery." 


COLONEL  HAMILTON'S  PROJECT.  307 

able  merits  of  the  letter,  in  its  lucid  and  vigor 
ous  exposition  of  various  subjects,  which  the 
melancholy  experience  of  the  times  had  made 
but  too  familiar  to  minds  of  far  less  inherent 
power  than  that  of  the  writer,  we  are  yet  at 
a  loss,  —  looking  at  it  in  the  only  light  in 
which  we  are  now  called  to  regard  it,  as  a  pro 
ject  of  constitutional  reform,  —  to  understand 
how  it  can  be  considered  as  "containing  in  em 
bryo"  the  Federal  Constitution  of  1787. 

Unlike  that  constitution,  and  contrary  to  the 
example  of  the  several  State  constitutions,  as 
well  as  to  the  general  principles  of  political  sci 
ence,  instead  of  organizing  the  proposed  new 
government  into  separate  and  independent  de 
partments,  legislative,  executive,  and  judicial,  as 
all  these  authorities  and  examples  inculcate,  it 
sets  out  by  vesting  all  power  in  a  single  body, 
the  Congress  of  the  United  States.  This  feature, 
it  is  true,  belonged  also  to  the  old  system  ;  but 
that  system  was  repudiated  by  the  writer  as  "  a 
futile  and  senseless  confederation."  *  Though  the 
scheme  proposed  an  "  Executive  Ministry,"  yet 
the  members  of  that  ministry  were  to  be  chosen 
by  the  Congress,  and  to  act  under  its  habitual 
direction.  It  invested  Congress  with  "  a  com 
plete  sovereignty " ;  not  even  leaving  intact  to 
the  States  that  control  over  their  "  internal  po 
lice,"  which  has  been  considered  the  invariable 
principle  of  all  confederate  governments,  and  is 

1  See  his  letter  to  Robert  Morris. 


308  LIFE   AND   TIMES   OF  MADISON. 

the  acknowledged  law  of  the  existing  Federal 
Constitution. 

How,  too,  was  .this  "sovereign"  government 
over  the  people  and  States  of  America  to  be  in 
troduced  and  established  ?  By  the  absolute  fiat 
of  a  convention  appointed  by  the  State  legisla 
tures;  which  convention  was  to  have  "full  and 
plenipotentiary  authority  to  conclude  finally  "  upon 
the  plan  of  government,  without  referring  it  back 
for  the  sanction  of  the  constituent  bodies.  That 
is,  the  State  legislatures,  —  for  all  conventions 
of  the  kind  proposed  were  understood  to  proceed 
from  them,  and  this  especially  must  have  been 
so,  for  it  was  to  assemble  in  less  than  two 
months  from  the  date  of  the  proposal,  —  though 
possessing  themselves  but  a  limited  and  dele 
gated  authority,  were  to  delegate  to  their  del 
egates  a  final  authority  to  establish  a  government 
of  sovereign  powers  over  the  country,  without 
submitting  the  plan  to  the  approbation  either  of 
the  people  or  of  the  State  legislatures  them 
selves.  A  more  absolute  ignoring  of  the  only 
recognized  source  of  political  power  in  a  free 
country  it  would  be  difficult  to  conceive. 

These  are  some  of  the  obvious  criticisms  to 
which  the  scheme  of  the  letter  of  the  3d  of  Sep 
tember,  1780,  lies  open.  The  defects,  or  rather 
crudities,  they  indicate  might  well  be  excused  in 
so  young  a  man,  however  gifted,  writing  in  the 
hurry  of  a  camp,  and  under  the  bias  of  the  sum 
mary  habits  of  thinking  and  acting  which  an 


IMPORTANCE   OF   CONFEDERATION  309 

exclusive  military  life  of  some  years'  continuance 
would  naturally  generate.  But  when  the  specu 
lations  of  the  writer  are  held  up  as  the  ora 
cles  of  the  highest  wisdom,  which,  it  is  asserted, 
ultimately  shaped,  and  were  justly  entitled  to 
shape,  the  institutions  of  the  country,  we  have  no 
choice  but  to  judge  them  upon  their  intrinsic 
merits. 

The  time  had  not  yet  come  for  superseding 
the  articles  of  confederation  by  a  new  system ; 
even  though  that  system  had  been  freer  from 
objection  than  the  one  proposed  by  Colonel 
Hamilton  in  the  letter  to  Mr.  Duane.  When 
that  letter  was  written,  the  accession  of  but  one 
State  was  wanting  to  complete  the  federal  bond, 
which  united  all  the  States  in  a  close  and  indis 
soluble  community  of  obligations,  as  well  as  in 
terests.  The  consummation  of  that  bond  was 
invoked  by  the  most  reflecting  minds  of  the  na 
tion  as  the  "  one  thing  needful "  to  place  the 
cause  of  American  independence  beyond  the  dan 
ger  of  fatal  divisions  and  reactions.  That  once 
completed,  conjunctures,  as  they  arose,  could  be 
improved  to  strengthen  the  bond,  or  to  replace 
it,  in  the  fulness  of  time,  with  a  new  and  more 
perfect  system. 

An  eminent  statesman  belonging  to  the  same 
political  school  with  Colonel  Hamilton,  and  the 
selected  historiographer  of  the  struggles  and  vicis 
situdes  of  the  Revolution,  speaking  of  the  im 
portance  of  the  final  ratification  of  the  articles 


310  LIFE   AND  TIMES   OF  MADISON. 

of  confederation,  gives  expression   to   the  follow 
ing  enlightened  and  mature  reflections :  — 

"Had  peace  been  made  before  any  agreement 
for  a  permanent  union  was  formed,  it  is  far 
from  being  improbable  that  the  different  parts 
might  have  fallen  asunder,  and  a  dismember 
ment  have  taken  place.  If  the  confederation 
really  preserved  the  idea  of  union,  until  the 
good  sense  of  the  nation  adopted  a  more  efficient 
system,  this  service  alone  entitles  that  instrument 
to  the  respectful  recollection  of  the  American 
people,  and  its  framers  to  their  gratitude."1 

The  urgent  necessity  of  some  independent 
source  of  revenue,  at  the  command  of  Congress, 
to  enable  them  to  provide  for  a  faithful  fulfil 
ment  of  the  national  engagements,  led,  at  an 
early  period,  to  an  application  to  the  States  to 
vest  in  Congress  a  power  to  levy,  for  the  use  of 
the  United  States,  a  duty  of  five  per  cent,  on 
foreign  merchandise  imported  into  any  of  the 
States.  A  resolution  to  that  effect  was  passed 
by  Congress  on  the  3d  day  of  February,  1781; 
and  it  was  declared,  at  the  same  time,  that  "  the 
moneys  arising  from  the  proposed  duty  were  to 
be  appropriated  to  the  discharge  of  the  principal 
and  interest  of  the  debts  already  contracted,  or 
which  may  be  contracted,  on  the  faith  of  the 
United  States  for  supporting  the  present  war, 
and  that  the  duty  be  continued  until  the  said 
debts  shall  be  fully  and  finally  discharged."2 

1  Judge  Marshall,  in  Life  of  Washington,  vol.  I.  pp.  429,  430. 

2  Journals  of  Congress,  vol.  in.  p.  573, 


VIRGINIA  REPEALS  IMPOST  ACT.  311 

Mr.  Madison,  in  his  correspondence  with  his 
friends  in  Virginia,  exerted  all  his  influence  to 
induce  the  State  to  comply  with  this  application 
of  Congress.1  The  legislature,  in  its  hurried  and 
agitated  session  at  Staunton  in  the  month  of 
June,  did  not  overlook  this  call  upon  its  patriotr 
ism  and  national  •  spirit.  An  act  was  passed 
granting,  in  the  fullest  manner,  the  power  asked 
by  Congress,  with  authority  also  to  appoint  col 
lectors  in  the  Commonwealth  to  demand  and 
receive  the  duty.  At  the  ensuing  session  in  the 
autumn,  however,  it  appearing  that  many  of  the 
States  had  failed  to  comply  with  the  application 
of  Congress,  a  new  act  was  passed,  suspending 
the  operation  of  the  former  one  until  the  gov 
ernor  should  issue  his  proclamation  announcing 
that  the  different  States  have  passed  similar 
laws.2 

This  proceeding  of  the  legislature  brought 
great  annoyance  and  mortification  to  Mr.  Madi 
son,  who  recognized  so  fully  the  vital  importance 
of  a  system  of  adequate  and  independent  reve 
nue  under  the  control  of  the  Union.  His  senti 
ments  on  the  occasion  were  freely  and  strongly 
expressed  in  a  letter  of  the  22d  of  January, 
1782,  to  Mr.  Edmund  Randolph,  now  one  of  his 
colleagues  in  Congress,  but  temporarily  absent 
on  a  visit  to  Richmond.  We  insert  here  the 

l  See  particularly  his  letter  of  the  29th  of  May,  1781,  to  Judge 
Pendleton,  in  Madison  Debates  and  Correspondence,  vol.  i.  pp,  94^-96, 
a  See  Hen.  Stat.  vol.  X.  p.  451.     Also  idem,  pp.  409,  410. 


312  LIFE  AND  TIMES   OF  MADISON. 

whole  letter,  not  merely  as  a  fit  introduction  to 
the  leading  part  he  was  soon  to  take  in  pressing 
this  great  measure  on  the  attention  of  Congress 
and  the  nation,  but  as  announcing  a  fruitful 
principle,  whose  consequences  reached  farther 
and  deeper  than  any  measure  of  present  policy. 

"The  repeal  of  the  impost  act  by  Virginia," 
he  said,  "  is  still  considered  as  covered  with  some 
degree  of  mystery.  Colonel  Eland's  representa 
tions  do  not  remove  the  veil.  Indeed,  he  seems 
as  much  astonished  at  it,  and  as  unable  to  pen 
etrate  it,  as  any  of  us.  Many  have  surmised 
that  the  enmity  of  Dr.  Lee  against  Morris  is  at 
the  bottom  of  it.  But  had  that  been  the  case, 
it  can  scarcely  be  supposed  that  the  repeal  would 
have  passed  so  quietly.  By  this  time,  I  presume 
you  will  be  able  to  furnish  me  with  its  true  his 
tory,  and  I  ask  the  favor  of  you  to  do  it.  Vir 
ginia  could  never  have  cut  off  this  source  of 
public  relief  at  a  more  unlucky  crisis  than  when 
she  is  protesting  her  inability  to  comply  with 
the  continental  requisitions.  She  will,  I  hope,  be 
yet  made  sensible  of  the  impropriety  of  the  step 
she  has  taken,  and  make  amends  by  a  more  lib 
eral  grant. 

"Congress  cannot  abandon  the  plan,  as  long 
as  there  is  a  spark  of  hope.  Nay,  other  plans 
on  a  like  principle  must  be  added.  Justice,  grat 
itude,  our  reputation  abroad,  and  our  tranquillity 
at  home,  require  provision  for  a  debt  of  not  less 
than  fifty  millions  of  dollars,  and  I  presume  that 


EXPOSTULATION  OF  MR.   MADISON.  313 

this  provision  will  not  be  adequately  met  by 
separate  acts  of  the  States.  If  there  are  not 
revenue  laws,  which  operate  at  the  same  time 
through  all  the  States,  and  are  exempt  from  the 
control  of  each,  the  mutual  jealousies,  which 
begin  already  to  appear  among  them,  will  as 
suredly  defraud  both  our  foreign  and  domestic 
creditors  of  their  just  claims. 

"  The  deputies  of  the  army  are  still  here,  urging 
the  objects  of  their  mission.  Congress  are  thor 
oughly  impressed  with  the  justice  of  them,  and 
are  disposed  to  do  everything  which  depends  on 
them.  But  what  can  a  Virginia  delegate  say  to 
them,  whose  constituents  declare  that  they  are 
unable  to  make  the  necessary  contributions,  and 
unwilling  to  establish  funds  for  obtaining  them 
elsewhere  ?  " 

We  shall  hereafter  have  occasion  to  show  the 
bold  and  manly  line  of  statesmanship  which  Mr. 
Madison  pursued  on  this  subject.  For  the  pres 
ent,  having  recounted  the  measures  adopted  by 
Congress  for  the  prosecution  of  the  war,  it  be 
comes  necessary  to  consider  what  had  been  done 
by  them  to  fix  the  terms  and  conditions  of 
peace,  should  negotiations  be  renewed  for  that 
object. 

VOL.   I.  27 


CHAPTER    XI. 

Proceedings  of  Congress  for  settling  Conditions  of  Peace  —  Instruc 
tions  agreed  upon  and  Minister  appointed  in  1779,  with  Reference 
to  Negotiations  under  Mediation  of  Spain  —  That  Mediation  proves 
abortive  —  Spain  becomes  a  Party  to  the  War,  and  Empress  of 
Russia  and  Emperor  of  Austria  offer  their  Mediation  in  1781  — 
New  Instructions  given,  and  additional  Ministers  appointed  —  Mo 
tives  and  Policy  of  Instructions  in  submitting  American  Ministers 
to  Counsels  of  France  —  Statement  of  Mr.  Madison  —  England, 
persisting  in  treating  United  States  as  Subjects  in  a  State  of 
Rebellion,  declines  Preliminaries  of  mediating  Powers  —  France 
accedes  in  first  Instance,  but,  apprised  of  Ground  taken  by  Eng 
land,  declares  Inutility  of  proceeding  till  that  Ground  is  aban 
doned  —  Debates  in  British  Parliament  upon  receiving  News  of 
Surrender  of  Army  at  Yorktown  —  Resignation  of  Lord  North  and 
Dissolution  of  his  Ministry  —  Administration  of  Lord  Rockingham 
make  vague  Overtures  for  Peace  through  Sir  Guy  Carleton  in 
America,  and  secret  Agents  at  Paris  —  Mr:  "Madison's  Views  of 
those  Overtures  —  Renewed  Attempt  to  separate  United  States 
and  France,  indignantly  repelled  by  both  —  Division  in  English 
Cabinet  —  Death  of  Lord  Rockingham  —  New  Administration  un 
der  Lord  Shelburne  disclose  Views  adverse  to  Recognition  of 
American  Independence  —  Firm  Declaration  of  Congress — Re 
sponsive  Resolutions  of  Legislature  of  Virginia — Spirit  of  the 
Times  as  manifested  in  their  Proceedings  against  Arthur  Lee, 
Delegate  in  Congress,  suspected  of  Disaffection  to  French  Alliance. 


FIRST  INSTRUCTIONS  FOR  PEACE.  315 

As  early  as  February,  1779,  when  the  media 
tion  of  Spain,  which  we  have  already  noticed, 
was  officially  communicated  to  Congress,  a  com 
mittee  was  appointed  to  consider  and  report  on 
what  terms  the  United  States  would  be  willing 
to  terminate  the  war.  The  committee,  consist 
ing  of  Gouverneur  Morris  of  New  York,  Mr. 
Burke  of  North  Carolina,  Mr.  Witherspoon  of 
New  Jersey,  Mr.  Samuel  Adams  of  Massachusetts, 
and  Mr.  Meriwether  Smith  of  Virginia,  reported 
two  classes  of  conditions :  the  first  admitting  of 
no  compromise,  and  to  be  considered  an  ultima 
tum;  the  other  discretionary,  and  to  be  insisted 
on,  or  yielded  for  equivalents,  according  to  cir 
cumstances. 

In  the  first  class  were  included  the  territorial 
boundaries  of  the  United  States,  which  were  to 
be  fixed  by  the  ancient  limits  of  Canada  and 
Nova  Scotia,  by  the  River  Mississippi,  and  the 
thirty-first  parallel  of  north  *  latitude ;  the  right 
of  the  citizens  of  the  United  States,  equally  with 
the  subjects  of  France  and  Great  Britain,  to 
take  and  cure  fish  on  the  banks  and  coast  of 
Newfoundland ;  and  the  free  navigation  of  the 
Mississippi,  together  with  a  free  port  on  that 
river  below  the  southern  boundary  of  the  United 
States. 

These  terms,  affecting,  in  different  ways  and 
degrees,  the  interests  of  different  portions  of  the 
confederacy,  naturally  gave  rise,  when  brought 
forward  as  sine  qua  non  and  inflexible  conditions 


316  LIFE  AND   TIMES   OF  MADISON. 

of  peace,  to  much  difference  of  opinion ;  and  were 
the  subject  of  warm  and  protracted  debates  in 
Congress  from  the  27th  of  February  to  the  14th 
of  August,  1779.1  On  this  last  day,  a  final  draught 
of  instructions  to  the  minister,  who  should  be 
appointed  to  treat  of  peace,  was  agreed  upon. 
According  to  these  instructions,  the  minister  was 
to  make  it  "a  preliminary  article  to  any  nego 
tiation,  that  Great  Britain  shall  agree  to  treat 
with  the  United  States  as  free,  sovereign,  and 
independent  States " :  he  was  also  to  "  take  espe 
cial  care  that  the  independence  of  the  said  States 
be  effectually  assured  and  confirmed  by  the  treaty 
or  treaties  of  peace,  according  to  the  form  and 
effect  of  the  treaty  of  alliance  with  his  Most 
Christian  Majesty "  :  and  the  territorial  bounda 
ries  were  to  be  established  in  substantial  con 
formity  to  the  demarcation  laid  down  in  the 
report  of  the  committee. 

These  three  articles  were  to  form  the  ultima 
tum  of  the  United  States  in  any  negotiation  for 
peace  with  England.  While  the  common  right 
of  the  citizens  of  the  United  States  to  partici 
pate  in  the  American  fisheries  was  affirmed  in 
the  strongest  terms,  it  was  not  made  a  part  of 
the  ultimatum  for  peace.  It  was  referred  to 
a  commercial  treaty,  which  the  same  minister 
was  authorized  to  conclude,  if  it  should  be  found 
practicable  to  do  so,  and  in  which  an  express 
stipulation  was  to  be  inserted  that  Great  Britain 

1  See  Secret  Journals,  vol.  11.  pp.  137-236. 


MR   ADAMS   APPOINTED  MINISTER.  317 

should  not  molest  or  disturb  the  inhabitants  of 
the' United  States  in  the  rights  of  fishery  claimed 
by  them ;  with  a  formal  declaration  that  any 
such  molestation  would  be  considered  a  breach 
of  the  peace,  be  made  a  common  cause  of  all 
the  States,  and  the  force  of  the  Union  be  exerted 
to  obtain  redress  for  the  parties  injured. 

The  question  of  the  navigation  of  the  Missis 
sippi  was,  about  the  same  time,  as  we  have  seen, 
made  the  subject  of  special  negotiation  with 
Spain.  With  regard  to  all  other  matters,  the 
minister  was  instructed  "  to  govern  himself  by  the 
alliance  between  his  Most  Christian  Majesty  and 
these  States,  by  the  advice  of  our  allies,  by  his 
knowledge  of  our  interests,  and  by  his  own  dis 
cretion,  in  which  we  repose  the  fullest  confi 
dence." 

On  the  27th  day  of  September,  six  weeks 
after  the  adoption  of  these  instructions,  Mr.  John 
Adams  was  appointed  —  not  without  opposition  — 
the  minister  for  negotiating  both  a  treaty  of 
peace  and  a  treaty  of  commerce  writh  Great 
Britain.  The  haughty  impracticability  of  her 
councils,  with  regard  to  the  remotest  suggestion 
of  the  independence  of  her  "revolted  colonies" 
under  the  patronage  of  a  foreign  power,  having 
put  an  end  to  this  effort  of  Spain  to  restore 
peace  among  the  belligerents,  no  negotiation 
ever  took  place  upon  the  basis  of  the  foregoing 
instructions. 

It  was  not  long,  however,  before  another  and 

27* 


318  LIFE   AND   TIMES   OF  MADISON. 

powerful  mediation  was  proposed  to  bring  about 
the  general  return  of  peace.  Spain,  after  the 
failure  of  her  mediation,  became  a  party  to  the 
war  on  the  side  of  her  ancient  ally,  France ;  and 
in  another  year,  the  imperious  conduct  of  Eng 
land,  and  her  open  denunciation  of  hostilities, 
added  Holland  also  to  the  embattled  list  of  her 
adversaries.  The  flames  of  war  thus  rapidly 
spreading  in  Europe,  the  "  armed  neutrality "  of 
the  northern  powers,  headed  by  the  Empress 
Catherine,1  and  interested  in  the  protection  of 
their  commerce  from  belligerent  interruptions, 
determined  to  make  one  more  effort  for  the  rees- 
tablishment  of  peace.  For  that  purpose,  the  two 
imperial  courts  of  St.  Petersburg  and  Vienna 
offered  their  formal  mediation  to  the  belliger 
ents. 

This  mediation  was  officially  announced  to 
Congress  by  the  minister  of  France  on  the  26th 
day  of  May,  1781.  His  communication  was  re 
ferred  to  a  committee  consisting  of  Mr.  Carroll 
of  Maryland,  Mr.  Jones  of  Virginia,  Mr.  Wither- 
spoon  of  New  Jersey,  Mr.  Sullivan  of  New  Hamp 
shire,  and  Mr.  Matthews  of  South  Carolina.  Upon 
the  report  of  the  committee,  various  propositions 
were  submitted  and  debated  with  regard  to  the 
terms  on  which  the  United  States  would  be  will 
ing  to  conclude  a  peace  under  the  mediation 
now  offered.  Finally,  on  the  15th  of  June,  1781, 

l  By  a  resolution  of  the  5th  of  October,  1780,  Congress  formally 
declared  its  adhesion  to  the  principles  of  the  "  armed  neutrality." 


SECOND  INSTRUCTIONS  FOR  PEACE.          319 

new  instructions  were  agreed  upon  in  Congress. 
by  which  the  American  minister  was  authorized 
to  concur,  on  behalf  of  the  United  States,  with 
his  Most  Christian  Majesty  in  accepting  the  me 
diation  proposed  by  the  Empress  of  Russia  and 
the  Emperor  of  Germany;  but  he  was  expressly 
enjoined  to  accede  to  no  treaty  which  should 
not,  first,  effectually  secure  the  independence  and 
sovereignty  of  the  United  States,  according  to 
the  tenor  of  the  treaties  subsisting  with  France, 
and,  secondly,  in  which  the  alliance  formed  by 
those  treaties  shall  not  be  left  in  full  force  and 
obligation. 

With  regard  to  boundaries,  and  all  other  ques 
tions  than  the  two  above  mentioned,  the  minister 
was  referred  to  the  former  instructions  of  the 
14th  of  August,  1779,  and  to  certain  supplemental 
instructions  (in  answer  to  specific  inquiries)  of 
the  18th  of  October,  1780,  as  embodying  "the 
desires  and  expectations  of  Congress";  but  it 
was  thought  unsafe,  at  so  great  a  distance  from 
the  scene  of  negotiation,  "to  tie  up  the  hands 
of  the  minister  by  absolute  and  peremptory  di 
rections  upon  any  other  subject  than  the  two 
essential  articles  mentioned  above."  In  the  con 
duct  of  the  negotiation  generally,  he  was  "to 
make  the  most  candid  and  confidential  commu 
nications  upon  all  subjects  to  the  ministers  of 
our  generous  ally,  the  King  of  France  ;  to  un 
dertake  nothing  in  the  negotiations  for  peace  or 
truce  without  their  knowledge  and  concurrence; 


320  LIFE   AND    TIMES   OF  MADISON. 

and  ultimately  to  govern  himself  by  their  advice 
and  opinion,  endeavouring  in  his  whole  conduct 
to  make  them  sensible  how  much  we  rely  on 
his  Majesty's  influence  for  effectual  support  in 
everything  that  may  be  necessary  to  the  present 
security  or  future  prosperity  of  the  United  States 
of  America." l 

This  latter  clause  of  the  instructions  has  been 
not  unfrequently  criticized  as  departing  from  a 
just  sense  of  national  dignity  and  self-respect,  in 
putting  the  American  minister  in  undue  subjec 
tion  to  the  wishes  and  advice  of  our  ally.  The 
persevering  and  insidious  endeavours  of  the  Brii> 
ish  government  to  undermine  the  fidelity  of  the 
allies  to  each  other  by  proposals  addressed  to  the 
separate  interests,  first  of  one  and  then  of  the  oth 
er,  had  not  unnaturally  produced  a  certain  uneasi 
ness  in  the  mind  of  the  French  monarch  as  to 
the  possible  effect  of  these  oft  repeated  intrigues. 
It  was  deemed  expedient  to  allay  every  jealousy 
of  this  kind  by  the  frank  and  unreserved  lan 
guage  of  the  instructions  to  the  American  min 
ister;  which  were  ordered  to  be  communicated 
to  the  representative  of  France  in  the  United 
States. 

It  is,  moreover,  quite  certain  that  these  instruc 
tions,  with  regard  to  the  duty  imposed  of  habit 
ual  consultations  with  the  French  government, 
were  rendered  more  stringent  on  account  of  the 

l  For  these  proceedings,  see  Secret  Journals  of  Congress,  vol.  n. 
from  pp.  412-449. 


ADDITIONAL  MINISTERS   APPOINTED.          321 

unconciliating  temper  manifested  by  Mr.  Adams, 
the  sole  minister  then  charged  with  the  negotia 
tions  for  peace  on  the  part  of  the  United  States, 
and  whose  conduct,  on  one  or  two  occasions,  had 
given  rise  to  much  dissatisfaction  in  France.  It 
was  after  the  failure  of  a  motion  to  associate 
other  persons  in  the  management  of  the  nego 
tiation  with  him,  that  the  original  draught  of 
the  instructions  was  reconsidered,  and  its  phrase 
ology  strengthened  in  the  clause  of  restriction  on 
the  minister.  In  the  sequel,  it  was  determined  to 
join  four  other  persons,  —  Dr.  Franklin,  Mr.  Jay, 
Mr.  Henry  Laurens,  and  Mr.  Jefferson,  —  in  the 
commission  with  Mr.  Adams ;  but  the  superadded 
restriction  having  then  been  already  incorporated 
in  the  instructions,  and  made  known  to  the  French 
minister,  it  became  awkward  and  embarrassing 
to  strike  it  out,  and  a  motion  to  do  so  was  con 
sequently  rejected.1 

The  animadversions  on  this  passage  of  our 
diplomatic  history  have,  doubtless,  been  much 
tinged  by  a  spirit  of  party  prejudice  and  recrim 
ination,  engendered  in  subsequent  political  strifes. 
It  is  but  a  debt  of  justice  to  the  body  whose 
act,  sanctioned  by  the  votes  of  twenty  out  of 
twenty-eight  of  its  members,  has  been  thus  freely 
arraigned,  to  insert  here  an  authentic  statement 
of  the  considerations  which  led  to  it,  as  recorded 
at  the  time  by  a  calm  observer  and  actor.  In 
the  diary  of  the  proceedings  and  debates  of 

1  See  Secret  Journals,  ubi  supra. 


322  LIFE   AND   TIMES   OF  MADISON. 

Congress  kept,  at  that  period,  by  Mr.  Madiscn, 
he  gives  the  following  account  of  the  adoption 
of  the  instructions,  by  which  the  negotiations 
for  peace  were  submitted  to  the  counsels  of 
France. 

"At    the   juncture    when    that    measure    took 
place,  affairs  were   in  the  most  deplorable    situa 
tion,  the   Southern  States  being  overrun  and  ex 
hausted    by    the    enemy,    and    the    others    more 
inclined  to  repose  after  their  own  fatigues,  than 
to   exert   their  resources  for  the   relief  of   those 
which  were  the  seat  of  war ;  the  old  paper  cur 
rency  had  failed,  and  with  it  public  credit  itself, 
to   such   a   degree    that   no  new  currency   could 
be  substituted;  and  there  was   then   no   prospect 
of  introducing  specie  for  the   purpose,  our  trade 
being  in  the  most  ruinous  condition,  and  the  in 
tercourse  with  the    Havannah,  in  particular,  un 
opened.     In  the  midst  of  these  distresses,  the  me 
diation  of  the  two  imperial  courts  was  announced. 
The  general  idea  was  that  the  two  most  respect 
able  powers  of  Europe  would  not  interpose  with 
out  a  serious    desire  of  peace,  and  without  the 
energy  requisite  to  effect  it.     The  hope  of  peace 
was,    therefore,    mingled    with    an    apprehension 
that  considerable    concessions   might    be    exacted 
from  America  by  the  mediators,  as   a  compensa 
tion  for  the    essential  one  which    Great   Britain 
was  to  submit  to. 

"  Congress,  on  a  trial,  found  it  impossible,  from 
the  diversity  of  opinions  and  interests,  to  define 


MADISON'S   ACCOUNT   OF  INSTRUCTIONS.      323 

any  other  claims  than  those  of  independence  and 
the  alliance.  A  discretionary  power,  therefore, 
was  to  be  delegated  with  regard  to  all  other 
claims.  Mr.  Adams  was  the  sole  minister  for 
peace  ;  he  was  personally  at  variance  with  the 
French  ministry;  his  judgment  had  not  the  con 
fidence  of  some,  nor  his  impartiality,  in  case  of 
an  interference  of  claims  espoused  by  different 
quarters  of  the  United  States,  the  confidence  of 
others ;  a  motion  to  associate  with  him  two  col 
leagues,  to  wit,  Mr.  Franklin  and  Mr.  Jay,  had 
been  disagreed  to  by  Congress,  the  former  of 
these  being  interested,  as  one  of  the  land  com 
panies,1  in  territorial  claims,  which  had  less  chance 
of  being  made  good  in  any  other  way  than  by 
a  repossession  of  the  vacant  country  by  the  Brit 
ish  crown ;  the  latter  belonging  to  a  State  inter-^ 
ested  in  such  arrangements  as  would  deprive  the 
United  States  of  the  navigation  of  the  Mississippi, 
and  turn  the  Western  trade  through  New  York 
—  and  neither  of  them  being  connected  with  the 
Southern  States. 

"  The  idea  of  having  five  ministers  taken  from 
the  whole  Union  was  not  suggested  until  the 
measure  had  been  adopted,  and  communicated  to 
the  Chevalier  de  la  Luzerne,  to  be  forwarded  to 
France,  when  it  was  too  late  to  revoke  it.  It 
was  supposed  also  that  Mr.  Laurens,  then  in  the 
Tower,  would  not  be  out,  and  that  Mr.  Jefferson 

i  Dr.  Franklin  was  one  of  the  principal  proprietors  of  the  "  Wai- 
pole  Grant,"  which  was  the  origin  of  the  Vandalia  Land  Company. 


324  LIFE   AND   TIMES   OF  MADISON. 

would  not  go,  and  that  the  greater  the  number 
of  ministers,  the  greater  the  danger  of  discords 
and  indiscretions.  Jt  was  added  that,  as  it  was 
expected  nothing  would  be  yielded  by  Great 
Britain  which  was  not  extorted  by  the  address 
of  France  in  managing  the  mediators,  and  as  it 
was  the  intention  of  Congress  that  their  minister 
should  not  oppose  a  peace,  recommended  by 
them  and  approved  by  France,  it  would  be  good 
policy  to  make  the  declaration  to  France,  and, 
by  such  a  mark  of  confidence,  to  render  her 
friendship  the  more  responsible  for  the  issue." ] 

This  mediation,  imposing  as  it  was,  was  des 
tined  to  the  same  abortive  issue  which  had  attend 
ed  the  previous  essay,  under  the  auspices  of  Spain, 
and  from  the  same  obstinate  cause.  The  pride 
and  resentment  of  England  refused  to  admit  any 
foreign  intervention  in  the  quarrel  with  her 
"  rebellious  subjects " ;  and  on  that  ground  she 
withheld  her  assent  from  the  preliminary  articles 
which  were  propounded  by  the  mediators  to  the 
belligerent  powers  as  the  basis  for  opening  ne 
gotiations.  Though  she  had  herself  invited  the 
mediation,  —  at  least  that  of  the  Emperor,  —  she 
used  the  following  haughty  language  in  declining 
the  preliminaries :  — 

66  On  every  occasion,  in  which  there  has  been 
a  question  of  negotiation  since  the  commence 
ment  of  the  war  with  France,  the  King  has  con 
stantly  declared  that  he  could  never  admit,  in 

l  Madison  Debates,  vol.  i.  pp.  240-243. 


MEDIATION   OF   RUSSIA  AND  AUSTRIA.       325 

any  manner  whatever,  nor  under  any  form,  that 
there  should  be  any  interference  between  foreign 

powers  and   his    rebellious   subjects This 

resolution  is  as  immutable  as  the  foundation  on 
which  it  rests.  From  the  application  of  this 
principle  to  the  different  points  of  the  first,  sec 
ond,  and  third  articles,  results  the  melancholy 
but  indispensable  necessity  of  declining  all  that 
is  proposed  in  these  different  articles  relative  to 
the  rebellious  subjects  of  his  Majesty.'' 

France,  on  the  other  hand,  promptly  gave  her 
adhesion  to  the  general  principles  of  the  prelim 
inaries  laid  down  by  the  mediators ;  but  while 
doing  so,  insisted  with  frankness  and  decision 
upon  the  necessity  of  such  an  explicit  under 
standing  beforehand  as  to  leave  no  doubt  whai> 
ever  as  to  the  equal  footing  on  which  the 
American  minister  should  be  received,  in  the 
contemplated  conferences,  as  the  representative 
of  a  "free  and  independent  nation."  When  ap 
prised  of  the  answer  given  by  the  court  of  Lon 
don,  the  King  of  France  caused  his  ministers  to 
announce  to  the  mediators  that  the  determina 
tion  of  the  British  cabinet,  still  "to  regard  and 
treat  the  Americans  as  its  subjects,  rendered 
abortive  every  exertion  for  obtaining  peace,"  and 
would  convert  the  proposed  deliberations,  if  they 
should  proceed  under  such  circumstances,  "  into  a 
vain  pretence."  They  then,  in  language  of  which 
the  dignity  is  enhanced  by  its  apparent  sincerity, 
declare  on  behalf  of  their  sovereign :  — 

\uL.  i.  28 


326  LIFE   AND   TIMES   OF  MADISON. 

"The  King  is  truly  sorry  to  see  that  things 
have  taken  a  direction  so  contrary  to  his  wishes, 
and  to  the  expectations  of  their  imperial  Majes 
ties  ;  and  if  it  were  in  his  power  to  change  it, 
he  would  do  it  with  an  eagerness  which  would 
show  to  them  the  purity  of  his  intentions  :  but 
his  Majesty  thinks  it  his  duty  to  observe  that  he 
has  allies  with  whom  he  has  inviolable  engage 
ments,  that  he  should  betray  them  by  aban 
doning  the  American  cause,  and  that  he  should 
betray  this  cause  if  he  consented  to  negotiate  a 
peace  separate  from  and  independent  of  the 
United  States."1 

In  communicating  to  Congress,  through  Mon 
sieur  de  la  Luzerne,  the  difficulties  which  had 
arisen,  in  the  progress  of  the  mediation,  Count 
de  Yergennes  had  said  that  the  most  effectual 
reply  to  the  objections  of  the  British  cabinet, 
with  regard  to  treating  with  the  Colonies  as  an 
independent  power,  would  be  u  a  decisive  victory 
over  its  armies  in  the  ensuing  campaign."  The 
efficacious  virtue  of  that  reply,  already  given  at 
Yorktown,  was  now  to  be  tested.  On  the  27th 
of  November,  1781,  the  British  Parliament  again 
assembled.  The  King's  speech,  while  announcing 
with  deep  "concern"  the  disaster  which  had  be 
fallen  his  arms  in  Yirginia,  still  appealed  with 
earnestness  to  Parliament  for  "its  firm  concur 
rence  and  assistance"  in  the  prosecution  of  the 

1  See  Diplomatic  Correspondence  of  the  Revolution,  vol.  n.  pp.  35- 
51.     Also  Secret  Journals,  vol.  in.  pp.  26-31. 


RESIGNATION  OF  LORD  NORTH.  327 

contest.  In  the  debates,  however,  which  followed, 
it  soon  appeared  from  the  declarations  both  of 
the  prime  minister,  and  of  his  second,  the  lord 
advocate  for  Scotland  (Dundas),  that  a  change 
was  intended  in  the  mode  of  conducting  the 
war  in  America,  and  that  the  operations  of  the 
next  campaign  were  to  be  limited  to  the  reten 
tion  and  defence  of  the  posts  already  held  by 
them  in  the  United  States. 

This  first  symptom  of  ministerial  relenting 
gave  confidence  to  the  efforts  of  the  opposition; 
and  after  several  assaults,  with  varying  'success, 
a  resolution  moved  by  General  Conway,  "  against 
the  further  prosecution  of  offensive  war  on  the 
continent  of  North  America,"  was  finally  carried 
in  the  House  of  Commons  by  a  majority  of  19, 
on  the  27th 'of  February,  1782.  This  resolution 
was  followed  up  by  repeated  motions  expressive  of 
a  want  of  confidence  in  ministers ;  which,  though 
not  actually  carried,  yet  received  such  large  and 
increasing  votes,  on  each  renewed  trial,  that 
at  length,  on  the  20th  of  March,  Lord  North 
announced  to  the  House  the  determination  of 
himself  and  his  colleagues  to  retire.  Thus  fell, 
under  the  rebound  of  the  victory  of  Yorktown, 
an  administration  which,  for  twelve  long  years, 
had  kept  possession  of  power ;  and  which,  against 
the  wishes  and  convictions  of  its  ostensible  head, 
as  is  now  revealed,  was  the  passive  instrument 
of  the  obstinate  and  infatuated  policy  of  the 
King  towards  America. 


328  LIFE  AND  TIMES  OF  MADISON. 

Before  the  dissolution  of  the  late  ministry,  and 
apparently  as  a  last  expedient  to  maintain  them 
selves  in  office,  ,a  bill  was  introduced  by  the 
attorney-general  "to  enable  his  Majesty  to  con 
clude  a  truce  or  peace  with  the  revolted  Colo 
nies  in  America."1  A  new  administration  was 
formed  under  the  auspices  of  the  Marquis  of 
Rockingham,  he  being  made  first  Lord  of  the 
Treasury;  the  Earl  of  Shelburne  and  Mr.  Fox, 
Secretaries  of  State;  and  Lord  Camden,  Lord 
John  Cavendish,  the  Duke  of  Grafton,  the  Duke 
of  Richmond,  General  Conway,  Mr.  Burke,  and 
Colonel  Barre,  all  hitherto  avowed  friends  and 
champions  of  colonial  rights,  assigned  distin 
guished  places  in  it.  One  of  the  leading  objects 
to  which  the  new  government  was  understood 
to  be  pledged  was  peace  with  America,  to  which 
the  acknowledgment  of  its  independence,  if  found 
necessary,  was  to  be  no  bar.2  Upon  this  last 
point,  however,  there  was  reason  to  apprehend  a 
want  of  harmony  in  the  cabinet  ;  as  it  was 
known  that  Lord  Shelburne,  who  was  the  repre 
sentative  of  that  portion  of  the  Whig  party 
which,  of  late  years,  had  more  particularly  ac 
knowledged  the  lead  of  Lord  Chatham,  sympa 
thized  in  the  dying  protest  of  that  great  statesman 
against  the  dismemberment  of  the  British  Em 
pire. 

One  of  the  first  measures  of  the  new  adminis- 

l  Belsham's    History  of  Great        2  See  Annual  Register  for  1782, 
Britain,  vol.  vn.  pp.  283-285.  p.  177. 


OVERTURES   OF  NEW   ADMINISTRATION.       329 

tration  was  to  give  to  Sir  Guy  Carleton,  who 
had'  been  appointed  by  the  late  ministry 1  to  suc 
ceed  Sir  Henry  Clinton  in  the  command  of  the 
British  army  in  America,  and  to  Admiral  Digby, 
powers  to  treat  with  Congress  for  the  restoration 
of  peace ;  and,  at  the  same  time,  communications 
were  opened  with  the  American  ministers  in  Eu 
rope.  In  this  state  of  things,  Mr.  Madison,  on 
the  14th  of  May,  1782,  wrote  from  Philadelphia 
to  his  colleague  Mr.  Randolph,  who  was  still  in 
attendance  on  the  legislature  at  Richmond,  as 
follows :  — 

"The  Ceres  man-of-war,  we  are  informed  by  a 
New  York  paper,  arrived  there  in  twenty-five 
days  on  the  5th  instant,  having  on  board  his 
excellency  Sir  Guy  Carle  ton,  command  er-in-chief, 
&c.,  and  commissioner  for  making  peace  or  war 
in  North  America.  The  intelligence  brought  by 
this  conveyance  is  that  the  vibrations  of  power 
between  the  ministry  and  their  rivals  had  termi 
nated  in  the  complete  dissolution  of  the  former, 
and  organization  of  the  latter.  What  change  of 
measures  will  follow  this  change  of  men  is  yet 
concealed  from  us. 

"  The  bill  for  empowering  the  King  to  con 
clude  a  peace  or  truce  with  the  revolted  Colo 
nies  in  North  America  had  been  brought  into 
Parliament  on  the  27th  of  March.  The  language 
of  it  is,  at  the  same  time,  cautious  and  compre 
hensive  ;  and  seems  to  make  eventual  provision 

1  Annual  Register  for  1782,  p.  167. 
28* 


330  LIFE  AND  TIMES   OF  MADISON. 

for  our  independence,  without  betraying  any  pur 
pose  of  acknowledging  it.  The  terms,  peace  and 
truce,  are  scarcely  applicable  to  any  other  con 
ventions  than  national  ones ;  and  the  King  is 
authorized  to  annul  or  suspend  all  acts  of  Par 
liament  whatever,  as  far  as  they  speak  of  the 
Colonies.  He  can,  therefore,  clearly  remove  any 
parliamentary  bar  to  his  recognition  of  our  inde 
pendence  ;  and  I  know  of  no  other  bar  to  his 
treating  with  America  on  that  ground 

"All  this,  however,  is  very  different  from  a 
real  peace.  The  King  will  assuredly  prefer  war, 
as  long  as  his  ministry  will  stand  by  him;  and 
the  sentiments  of  his  present  ministry,  particu 
larly  of  Shelburne,  are  as  peremptory  against  the 
dismemberment  of  the  empire  as  those  of  any 
of  their  predecessors.  They  will,  at  least,  try  a 
campaign  of  negotiation  against  the  United  States, 
and  of  war  against  their  other  enemies,  before 
they  submit  to  it.  It  is  probable  that  the  arri 
val  of  Sir  Guy  Carleton  will  not  long  precede 
an  opening  of  the  first  campaign.  Congress  will, 
I  am  persuaded,  give  a  proper  verbal  answer  to 
any  overtures  with  which  he  may  insult  them ; 
but  the  best  answer  will  come  from  the  States, 
in  such  supplies  of  men  and  money  as  will  expel 
him  and  all  our  other  enemies  from  the  United 
States." 

The  language  of  Mr.  Madison  was  well  justified 
by  the  nature  of  Sir  Guy  Carleton's  commission, 
so  far  as  it  was  disclosed  in  the  communication 


PASSPORT  REFUSED.  331 

addressed  by  that  officer  to  General  Washington, 
immediately  after  his  arrival  in  the  United  States. 
In  announcing  his  arrival,  and  appointment  to 
the  command  of  the  British  army  in  America, 
he  simply  transmitted  copies  of  the  resolution  of 
the  House  of  Commons  of  the  27th  of  February, 
of  the  address  to  the  King  in  pursuance  of  it,  and 
of  the  King's  answer;  together  with  the  bill  for 
a  truce  or  peace,  which  was  brought  in,  but  had 
not  then  been  passed  by  either  House  of  Parlia 
ment.  In  these  papers,  the  United  States  were 
still  denominated  "  revolted  Colonies "  ;  and  while 
a  vague  and  indeterminate  wish  was  intimated 
for  a  restoration  of  harmony  with  them,  the 
motive  of  the  proffered  reconciliation  was  ex 
pressly  avowed  to  be  to  enable  England  to  di 
rect  her  efforts  with  less  distraction  and  more 
effect  against  her  European  enemies,  —  in  other 
words,  against  an  ally  of  the  United  States,  to 
whom  they  owed  the  most  solemn  obligations  of 
justice,  honor,  and  gratitude,  as  well  as  of 
plighted  faith.  Overtures  of  such  a  character, 
studiously  framed,  too,  in  the  vaguest  possible 
language,  as  to  the  terms  of  reconciliation,  were 
nothing  less  than  insulting ;  and  it  is  not  sur 
prising,  therefore,  that  General  Washington  de 
clined  granting  a  passport  for  the  messenger  of 
Sir  Guy  Carleton  to  convey  them  to  Congress, 
nor  that  Congress,  when  the  application  was 
made  known  to  them  by  the  commander-in-chief) 
directed  him  positively  to  refuse  it.1 

1  Journals  of  Congress,  vol.  iv.  p.  31. 


332  LIFE    AND  TIMES   OF  MADISON. 

It  was  now  evident  that  the  attempt,  which 
had  been  so  unblushingly  made  by  the  English 
commissioners  in  1778,  to  debauch  the  United 
States  from  the  alliance  with  France,  and  to  en 
trap  them  by  insidious  manoeuvres  for  a  separate 
peace,  was  to  be  renewed.  Advances  of  this 
kind  had  already  been  made  to  the  American 
ministers  in  Europe,  and  repelled  by  them,  as 
they  deserved  to  be.  At  the  same  time,  efforts 
were  used  to  detach  France  from  the  United 
States  by  offers  involving  the  highest  advantage 
to  her  interests ;  but  she  spurned  the  allurement 
in  a  spirit  of  loyalty  to  her  engagements  which 
entitled  her  to  a  manly  and  faithful  return. 
Every  dictate  of  prudence  and  safety,  as  well  as 
every  sentiment  of  honor,  forbade  ^a  separation 
from  France  in  this  pregnant  and  decisive  mo 
ment.  "  Our  business,"  said  Mr.  Madison,  in  wrh> 
ing  to  a  friend  then  in  communication  with  the 
legislature  of  Virginia,  "is  plain.  Fidelity  to  our 
allies,  and  vigor  in  military  preparations  —  these, 
and  these  alone,  will  secure  us  against  all  polit- 
ical  devices."  1 

The  legislature  of  Virginia  very  promptly  an 
nounced  its  sentiments  in  a  series  of  resolutions, 
unanimously  adopted,  of  which  one  declared  that 
"a  proposition  from  the  enemy  to  all  or  any  of 
these  United  States  for  peace  or  truce,  separate 
from  their  allies,  is  insidious  and  inadmissible  "  : 
and  another  pledged  "  the  Assembly  to  exert  the 

1  Madison  Debates  and  Correspondence,  vol.  I.  p.  125. 


ACTION   OF   STATES   AND   CONGRESS.          333 

utmost  power  of  the  State  to  carry  on  the  war 
with'  vigor  and  effect,  until  peace  shall  be  ob 
tained  in  a  manner  consistent  with  our  national 
faith  and  federal  union."1 

Resolutions  in  the  same  unbending  tone  were 
passed,  and  with  like  promptitude  and  unanimity, 
by  the  legislatures  of  Pennsylvania,  Maryland, 
and  New  Jersey ;  and  such  was  soon  the  declared 
sense  of  the  representative  assemblies  of  almost 
all  the  States.  The  British  commissioners,  how 
ever,  still  continued  their  endeavours  to  operate 
on  the  sentiments  of  the  mass  of  the  nation. 
On  the  2d  of  August,  1782,  they  addressed 
another  letter  to  General  Washington,  communi 
cating  to  him,  by  authority,  intelligence  of  the 
opening  of  negotiations  at  Paris,  and  that  Mr. 
Grenville,  on  behalf  of  the  English  government, 
had  been  directed  "  to  propose  the  independence 
of  the  thirteen  Colonies,  in  the  first  instance "  ; 
with  the  understanding,  however,  they  added, 
that  the  loyalists  should  be  restored  by  the  sev 
eral  States  to  their  possessions,  or  receive  a  full 
compensation  for  the  confiscation  of  their  estates.2 
This  letter  they  caused  to  be  immediately  pub 
lished. 

Congress,  fearing  that  the  publication  might 
exert  an  unfavorable  influence  on  the  firmness 
of  the  public  mind,  as  well  as  upon  the  military 
preparations  of  the  States,  met  it  by  the  adoption 

1  Hen.  Stat.,  vol.  xi.  p.  545. 

2  Sparks's  Washington,  vol.  vm.  pp.  540,  541. 


334  LIFE   AND   TIMES   OF  MADISON. 

of  a  resolution  declaring  that  "the  letter  of  the 
commissioners,  as  mere  matter  of  information, 
was  inexplicit  as  to  the  nature  and  extent  of 
the  independency  directed  to  be  proposed  by 
the  British  plenipotentiary,"  and  furnished  no 
ground  "on  which  any  public  measure  can  or 
ought  to  be  taken."  They  therefore  recommended 
"  to  the  several  States  in  the  Union  not  to 
remit  of  their  exertions  for  carrying  on  the  war 
with  vigor,  as  the  only  effectual  means  of  securing 
the  settlement  of  a  safe  and  honorable  peace." 1 

With  regard  to  the  proposal  of  independence 
by  the  British  agent  at  Paris,  it  was  soon  dis 
covered  that  a  marked  divergence  of  opinion  had 
manifested  itself  in  the  councils  of  Lord  Roek- 
ingham's  administration.  Mr.  Fox,  and  those 
members  of  the  cabinet  who  were  most  inti 
mately  connected  with  the  head  of  the  adminis 
tration,  were  undoubtedly  in  favor  of  a  frank 
and  unequivocal  acknowledgment  of  American 
independence.  But  Lord  Shelburne  and  his 
friends,  belonging  m  to  that  section  of  the  Whig 
party  which  was  led  by  the  late  Earl  of  Chat 
ham,  could  not  reconcile  themselves,  without  a 
long  and  painful  struggle,  to  the  loss  of  so  rich 
and  magnificent  a  heritage  of  the  British  crown ; 
and  in  this,  they  represented  the  personal  feel 
ings  and  unwavering  policy  of  the  King. 

Mr.  Fox  and  Lord  Shelburne,  as  we  have  seen, 
were  the  two  secretaries  of  state  in  the  Rocking 

1  Journals  of  Congress,  vol.  IV.  p.  60. 


ANOTHER  CHANGE  OF  ADMINISTRATION.   335 

ham  administration ;  one  for  the  northern,  the 
other  for  the  southern  department.  Each  of 
them  sent  an  agent  to  Paris  to  enter  into  com 
munication  with  Dr.  Franklin  and  the  Count  de 
Vergennes  on  the  subject  of  peace.  Mr.  Os 
wald  was  the  organ  of  Lord  Shelburne,  and  ex 
ceedingly  guarded  in  his  communications.  Mr. 
Thomas  Grenville  appeared  as  the  representa 
tive  of  Mr.  Fox ;  and  in  an  interview  with  Dr. 
Franklin,  while  yet  unfurnished  with  his  full  pow 
ers  to  treat,  said  he  was  instructed  to  acknowl 
edge  the  independence  of  the  United  States  in 
the  first  instance,  and  previous  to  the  commence 
ment  of  the  treaty.  About  this  time,  news  was 
received  in  England  of  the  brilliant  and  decisive 
victory  achieved  by  Sir  George  Kodney  over  the 
French  fleet  in  the  West  Indies  under  the  Count 
de  Grasse.  Diplomatic  delays  ensued  on  the 
part  of  the  British  government,  which  were  at 
tributed  to  the  effect  of  this  unlooked-for  bel 
ligerent  success. 

Soon  after,  the  administration  of  Lord  Hock- 
ingham  was  dissolved  by  the  sudden  death  of 
the  virtuous  and  high-minded  nobleman  at  the 
head  of  it.  Lord  Shelburne  then  became  first 
lord  of  the  treasury  ;  upon  which  Mr.  Fox, 
Lord  John  Cavendish,  Mr.  Burke,  and  others  of 
the  Kockingham  connection  immediately  resigned. 
In  the  new  ministry,  the  younger  Pitt  com 
menced  his  long  and  brilliant  official  career,  with 
the  appointment  of  chancellor  of  the  exchequer, 


336  LIFE  AND  TIMES   OF  MADISON. 

and  Lord  Grantham  and  Mr.  Thomas  Townsend 
were  made  secretaries  of  state ;  while  Lord  Cam- 
den,  General  Conway,  Colonel  Barre,  the  Dukes 
of  Grafton  and  Kichmond,  Lord  Keppel,  and 
others  of  the  old  Whigs,  continued  to  hold  their 
places  in  the  government.  In  the  debates  and 
explanations  which  followed  the  change  of  ad 
ministration,  the  new  premier  made  no  secret  of 
his  repugnance  to  the  acknowledgment  of  Amer 
ican  independence.  "His  opinion  still  was,"  he 
said,  "as  it  ever  had  been,  that  whenever  that 
acknowledgment  should  be  made  by  the  British 
Parliament,  the  sun  of  England's  glory  was  set 
forever."  1  It  may  well  be  conceived  what  sen 
timents,  both  of  astonishment  and  distrust,  were 
excited  in  America  by  this  declaration  of  the 
minister,  after  the  authorized  communication  made 
by  Sir  Guy  Carleton  and  Admiral  Digby  to  Gen 
eral  Washington,  and  the  diplomatic  assurances 
of  Mr.  Grenville  to  Dr.  Franklin  at  Paris. 

The  course  of  policy  embraced  by  the  new 
administration  seems  to  have  been  to  bring 
about  a  reunion  of  the  Colonies  with  the  parent 
country  by  allowing  them  a  wholly  independent 
legislature,  to  the  entire  exclusion  of  any  author 
ity  of  the  British  Parliament,  as  had  been  re 
cently  done  in  the  case  of  Ireland,  but  retaining 
the  sovereignty  of  the  King  as  the  common  head 

1  Belsham's    History   of    Great  Washington  written    at  the  time. 

Britain,  vol.  vir.  p.  325.     See  the  Sparks's   Washington,    vol.    vm. 

same   declaration   of    Lord    Shel-  p.  344. 
burne  cited  in  a  letter  of  General 


NEW  MINISTERIAL  DEVICE.  337 

of  the  whole  empire.  The  outline  of  this  plan 
had  been  given  forth  by  General  Conway,  as 
well  as  by  the  first  lord  of  the  treasury;1  and 
hopes  were  entertained  that,  by  a  system  of 
blandishment  and  conciliation,  the  people  of 
America  might  be  finally  won  over  to  it.  All 
the  arts  of  Sir  Guy  Carle  ton,  with  the  aid  of 
private  emissaries  in  the  different  States,  were 
employed  to  dispose  the  public  mind  for  such  a 
compromise ;  which  was  but  a  new  device  to 
break  through  the  treaty  of  alliance  with  France, 
of  which  "the  direct  and  essential  end"  was, 
upon  its  face,  declared  to  be  "the  liberty,  sover 
eignty,  and  independence,  absolute  and  unlimited, 
of  the  United  States." 2 

In  this  state  of  things,  Congress  again  thought 
proper  to  interpose  its  warning  voice ;  and  upon 
the  report  of  a  committee,  of  which  Mr.  Madison 
was  a  member,  (as  in  every  proceeding,  con 
nected  with  the  assertion  of  the  national  honor 
and  independence,  he  now  took  a  leading  and 
most  active  part,)  the  following  declaration  was, 
on  the  4th  of  October,  1782,  unanimously  adopted 
and  published  to  the  world :  — 

"  It  appears  that  the  British  court  still  flatters  it 
self  with  the  vain  hope  of  prevailing  on  the  United 
States  to  agree  to  some  terms  of  dependence 
upon  Great  Britain,  or  at  least  to  a  separate 

1  See    Diplomatic    Correspond-  also  Sparks's  Washington,  vol.  vm. 

ence  of  the  American  Revolution,  p.  328. 

vol.  in.  pp.  373-375  and  483,484,         2  See  Article  2d  of  Treaty  of 

and  vol.  vm.  pp.  116,  117.     See  Alliance. 
VOL.  i.                                29 


338  LIFE   AND   TIMES   OF  MADISON. 

peace;  and  there  is  reason  to  believe  that  com 
missioners  may  be  sent  to  America  to  offer  prop 
ositions  of  that  nature  to  the  United  States,  or 
that  secret  emissaries  may  be  employed  to  de 
lude  and  deceive.  In  order,  therefore,  to  extin 
guish  ill-founded  hopes,  to  frustrate  insidious 
attempts,  and  to  manifest  to  the  whole  world  the 
purity  of  the  intentions,  and  the  fixed  and  unal 
terable  determination  of  the  United  States,— 

"Resolved,  unanimously,  that  Congress  are  sin 
cerely  desirous  of  an  honorable  and  permanent 
peace  ;  that,  as  the  only  means  of  obtaining  it, 
they  will  inviolably  adhere  to  the  treaty  of  alli 
ance  with  his  Most  Christian  Majesty,  and  con 
clude  neither  a  separate  peace  nor  truce  with 
Great  Britain;  that  they  will  prosecute  the  war 
with  vigor  until,  by  the  blessing  of  God  on  the 
united  arms,  a  peace  shall  be  happily  accom 
plished,  by  which,  the  full  and  absolute  sover 
eignty  and  independence  of  these  United  States 
having  been  duly  assured,  their  rights  and  inter 
ests,  as  well  as  those  of  their  allies,  shall  be 
effectually  provided  for  and  secured." J 

At  the  same  time,  it  was  declared  that  Con 
gress  would  enter  into  no  discussion  of  any  over 
tures  for  peace  but  "in  confidence  and  in  concert 
with  his  Most  Christian  Majesty";2  and,  "to 
guard  against  the  secret  artifices  and  machina- 

1  Journals  of  Congress,  vol.  iv.     terms,  had  been  made  in  the  pre- 
pp.  84,  85.  ceding  month  of  May.     See  Se- 

2  A  declaration,  in    the.  same    cret  Journals. 


SPIRITED  RESOLUTIONS   OF  VIRGINIA.         339 

tipns  of  the  enemy,"  it  was  recommended  to  the 
respective  States  "to  be  vigilant  and  active  in 
detecting  and  seizing  British  emissaries  and  spies," 
and,  in  general,  to  prohibit  all  intercourse  be 
tween  the  enemy  and  the  inhabitants  of  the 
country. 

The  legislature  of  Virginia,  which  assembled 
soon  after  the  adoption  of  these  resolutions  by 
Congress,  responded  to  them  in  a  spirit  of  great 
energy  and  firmness.  Declaring  that  an  endeav 
our  to  sow  dissensions  between  the  United  States 
and  their  generous  ally,  as  well  as  to  create  in 
the  minds  of  the  people  a  dislike  to  their  pres 
ent  government  and  rulers,  was  the  system  now 
plainly  pursued  by  the  British  ministry,  whereby 
it  was  hoped  to  effect  that  which  the  force  of 
arms  had  not  been  able  to  accomplish,  they  di 
rected  the  governor  to  use  his  utmost  vigilance 
to  prevent  all  persons,  whom  he  might  suspect 
of  being  secret  emissaries  of  the  enemy,  from 
coming  into  the  Commonwealth ;  and  they  in 
structed  the  delegates  of  the  State  in  Congress 
not  to  consent  to  the  opening  of  communications 
with  any  agent  or  minister  of  the  English  gov 
ernment,  "  upon  the  subject  of  a  peace  separate 
from  our  great  ally,  the  King  of  France,  nor  un 
less  the  independence  of  America  be,  in  the  most 
ample  manner,  acknowledged  as  a  preliminary 
thereto." 

They  also  resolved  that  all  demands  or  appli 
cations   of  the    British   court  for  the    restitution 


340  LIFE   AND   TIMES   OF  MADISON. 

of  the  property  of  the  loyalists,  which  had  been 
confiscated  by  the  laws  of  the  State,  were  wholly 
inadmissible ;  and  they  made  it  the  duty  of  their 
delegates  in  Congress  to  move  a  positive  instruc 
tion  to  the  ministers,  charged  with  the  negotia 
tions  for  peace,  not  to  agree  to  any  such  resti 
tution,  nor  "  to  submit  that  the  laws  made  by 
any  independent  State  of  the  Union  be  subjected 
to  the  adjudication  of  any  power  or  powers  on 
earth."  These  proceedings  were  all  passed  by 
an  unanimous  vote.1 

There  was  another  proceeding  of  this  Assem 
bly,  so  characteristic  of  the  times  and  of  the 
spirit  which  animated  the  body,  that  it  is  im 
possible  to  pass  it  by  unnoticed.  Mr.  Arthur 
Lee  was  at  this  time  one  of  the  delegates  of 
the  State  in  Congress.  He  had  been  educated 
in  England,  and  fixed  his  residence,  previous  to 
the  Revolution,  in  London.  He  was  among  the 
earliest  and  most  spirited  opponents  of  the  un 
constitutional  measures  of  the  British  Parliament 
towards  America,  and  was  the  agent  both  of  Vir 
ginia  and  Massachusetts  in  their  colonial  inter 
course  with  the  mother  country.  After  the 
occurrence  of  the  rupture,  he  was  appointed  by 
Congress  a  joint  commissioner  with  Dr.  Franklin 
and  Silas  Deane  to  negotiate  treaties  with  the 
powers  of  Europe,  and  with  them  concluded  and 
signed  the  treaties  of  alliance  and  commerce 
with  France  in  1778. 

i  See  Journal  of  House  of  Delegates,  October  session,  1782,  pp.  69, 
70. 


CONDUCT   OF  ARTHUR  LEE.  341 

Afterwards  at  issue  with  Deane,  the  infirmities 
of  his  temper  betrayed  him  into  unpleasant  con 
troversies  also  with  Dr.  Franklin;  and  his  con 
duct  rendered  him  at  the  same  time  unacceptable 
to  the  French  government.  He  returned  to 
America  in  1780,  and  was  soon  chosen  a  mem 
ber  of  the  legislature  of  Virginia.  By  that  body 
he  was  elected,  in  December,  1781,  one  of  the 
delegates  of  the  State  in  Congress.  His  talents 
were  of  a  high  order ;  but  notwithstanding  the 
many  and  undoubted  proofs  he  had  given  of  his 
attachment  to  the  interests  and  liberties  of  Amer 
ica,  his  unfriendliness  to  Dr.  Franklin,  and  his 
resentment  of  the  want  of  confidence  in  him 
manifested  by  the  French  government,  were  sup 
posed  to  have  produced  in  his  mind  a  sentiment 
of  disaffection  to  the  alliance  itself.  The  rela 
tions,  moreover,  of  particular  intimacy  which  he 
was  known  to  have  held  with  Lord  Shelburne, 
and  other  persons  of  rank  and  consideration  in 
England,  naturally  made  his  conduct  and  opin 
ions  an  object  of  jealousy  at  the  present  mo 
ment. 

A  letter  addressed  by  him  to  Mr.  Mann  Page, 
a  member  of  the  House  of  Delegates  of  Virginia, 
of  which  body  Mr.  Lee  himself  was  also  a  mem 
ber,  (there  being  at  that  period  no  legal  incom 
patibility  between  a  seat  in  Congress  and  one  in 
the  State  legislature,)  was  spoken  of  as  containing 
highly  obnoxious  opinions.  This  led  to  the  adop 
tion  of  the  following  resolution  :  — 

29* 


342  LIFE   AND   TIMES   OF  MADISON. 

"  That  the  committee  of  privileges  and  elec 
tions  do  inquire  into  the  subjectrmatter  of  a 
letter  said  to  have  been  written  by  Arthur 
Lee,  Esq.,  a  delegate  of  this  State  in  Congress, 
to  Mann  Page,  Esq.,  a  member  of  this  House, 
containing  matter  injurious  to  the  public  inter 
ests;  and  that  the  said  committee  do  call  for 
persons  and  papers  for  their  information." 

A  report  was  made  by  the  committee  excul 
pating  Mr.  Lee,  on  the  ground  of  his  letter  being 
a  private  and  confidential  one,  not  intended  for 
the  public  eye,  and  because  his  former  services 
placed  him  above  the  suspicion  of  designs  inim 
ical  to  the  State,  or  America  in  general.  A  sub 
stitute,  moved  by  Mr.  Henry  Tazewell,  —  to  the 
effect  that  the  sentiments  contained  in  the  letter 
were  such  as,  exposed  to  the  public  eye,  "might 
create  in  our  allies  a  distrust  of  our  representa 
tives,"  and  the  writing  of  it,  therefore,  was  not 
to  be  justified,  —  received  the  votes  of  a  consid 
erable  number  of  most  respectable  members ;  but 
the  report  of  the  committee  was  finally  adopted 
by  a  majority  of  the  House.  This  result,  how 
ever,  did  not  produce  acquiescence.  A  few  days 
afterwards,  a  formal  motion  was  made  that  Mr. 
Lee  be  recalled  from  Congress ;  and,  at  the  same 
time,  information,  subscribed  by  distinguished  and 
responsible  names,  was  laid  before  the  House  by 
a  leading  member  in  his  place,1  casting  farther 

1  This  member  was  Colonel  John  Mr.  Edmund  Randolph,  resigned. 
Francis  Mercer,  just  chosen  a  del-  See  Journal  of  House  of  Delegates, 
egate  to  Congress  in  the  place  of  October  session,  1782,  pp.  71,  72. 


PROCEEDINGS  AGAINST  MR.  LEE.  343 

suspicions  upon  his  political  conduct  and  senti 
ments. 

The  sequel  of  the  motion  is  thus  given  in  a 
letter  from  Mr.  Edmund  Eandolph  to  Mr.  Madi 
son  of  the  27th  of  December,  1782:  — 

"The  attack  which  I  hinted  at  in  my  last,  as 
being  made  upon  Mr.  Lee,  was  pushed  with  great 
vigor.  Upon  the  motion  for  his  recall,  the  ayes 
were  39,  and  the  noes  41.  His  defence  was  pa 
thetic.  It  called  upon  the  Assembly  to  remem 
ber  his  services,  to  protect  his  honor,  and  not  to 
put  it  out  of  his  power  to  profit  his  country  by 
his  labors.  The  failure  of  some  of  his  enemies 
to  attend  alone  saved  him.  Should  Henry  come 
to  the  next  session,  it  seems  impossible  he  should 
be  again  elected." 

Nothing,  perhaps,  could  mark  more  strongly 
the  inflexible  determination  of  the  legislature  of 
Virginia  to  maintain  the  national  faith  and  honor, 
and  to  set  at  defiance  every  contrary  device  of 
British  policy  and  intrigue,  than  this  narrow  es 
cape  from  the  stigma  of  its  condemnation  of  one 
of  its  most  honored  servants  and  members,  plead 
ing,  with  pathetic  effect,  the  merit  of  former  and 
unquestionable  services,  and  sustained  by  the  all- 
prevailing  eloquence  of  a  brother,  Eichard  Henry 
Lee,  who  stood  at  his  side,  and  covered  him  with 
the  aegis  of  his  popularity  and  fame. 


UNIVERSITY 


CHAPTEK    XII. 

Negotiations  for  Peace  opened  at  Paris  —  Questions  to  be  adjusted, 
National  Independence,  Boundaries,  Fisheries -^-Mr.  Madison  suc 
ceeds  in  his  Efforts  in  Congress  to  place  the  last  two  on  the  same 
Footing  in  the  Negotiation  —  Provisional  Articles  agreed  upon  and 
concluded  between  the  British  and  American  Commissioners  —  Not 
communicated  to  the  French  Government  until  after  their  Signa 
ture —  Dissatisfaction  in  France  at  Conduct  of  American  Minis 
ters  —  Their  Despatches  laid  before  Congress  —  Unfounded  Sus 
picions  of  the  Sincerity  of  France  manifested  by  Mr.  Jay  and  Mr. 
Adams  —  Recommendation  of  Secretary  of  Foreign  Affairs  —  De 
bates  in  Congress — 'Bold  and  manly  Speech  of  Mr.  Madison  — 
Report  of  Committee  on  Despatches  —  Letter  addressed  by  Secre 
tary  of  Foreign  Affairs  to  American  Commissioners — Reflections 
on  the  French  Alliance  —  Services  and  Conduct  of  France  in  the 
War  of  Independence  —  Just  and  noble  Sentiment  of  Lafayetts. 

THE  firm  attitude  and  language  of  the  public 
bodies  in  the  United  States,  strengthening  the 
hands  of  their  representatives  in  Europe,  at  length 
brought  home  to  the  British  ministry  the  abso 
lute  conviction  that,  if  they  desired  peace  with 
America,  it  was  not  to  be  had  by  any  attempt, 
open  or  covert,  to  separate  her  from  her  ally, 
or  upon  any  terms  short  of  unqualified  independ 
ence.  In  little  more  than  two  months  after  the 


NEGOTIATIONS  FOR  PEACE.  345 

formation  of  the  new  ministry,  a  commission  was 
issued  to  Mr.  Oswald,  empowering  him  to  treat 
with  any  commissioners  who  should  be  appointed 
on  behalf  of  "the  thirteen  United  States  of 
America."  Mr.  Fitzherbert1  had  been  already 
sent  to  Paris,  in  the  place  of  Mr.  Grenville,  with 
powers  to  treat  for  a  general  peace  with  France, 
Spain,  and  Holland. 

The  negotiations  now  proceeded  with  activity. 
Mr.  Jay,  one  of  the  American  commissioners,  had 
arrived  in  Paris  from  Madrid  several  months  be 
fore,  and  been  busily  engaged,  in  conjunction  with 
Dr.  Franklin,  in  discussing,  both  with  the  French 
government  and  the  agents  of  Great  Britain, 
some  important  preliminary  questions  connected 
with  the  treaty.  Mr.  Adams  did  not  arrive  from 
Holland,  —  where  he  had  been  employed  in  pro 
tracted  negotiations,  which  he  had  just  brought 
to  a  successful  termination,  —  until  the  latter  part 
of  October;  but  was  thenceforward  earnestly  and 
unremittingly  associated  in  the  labors  of  his  col 
leagues.  Mr.  Laurens,  who  had  been  released 
but  a  few  months  from  his  confinement  in  the 
Tower,  appeared  yet  later,  and  only  in  time  to 
unite  in  the  last  scenes  of  the  negotiation.2 


1  Afterwards  Lord  St.  Helens.  him  that  the  motives  which  led  to 

2  Mr.  Laurens  had,  in  the  first  his  appointment  still  existed,  and 
instance,  declined  the  appointment  that  his  services  in  the  execution 
of  commissioner  to  treat  of  peace ;  of  the  commission  could  not  be  dis- 
but  Congress,  when  apprised  of  his  pensed  with.    Secret  Journals,  vol. 
non-acceptance,   was    induced    to  in.  p.  213.    A  day  or  two  after  the 
pass  a  resolution  directing  the  sec-  passage  of  this  resolution,  a  num- 
retary  of  foreign  affairs  to  inform  ber  of  the  Parliamentary  Register 


346  LIFE   AND   TIMES   OF  MADISON. 

The  independence  of  America  being  now,  in 
some  sort,  an  agreed  question,  the  principal  mat 
ters  which  remained  to  be  adjusted,  were,  on  the 
part  of  the  United  States,  the  settlement  of  ex 
terior  boundaries,  and  the  right  to  participate  in 
the  fisheries  on  the  banks  of  Newfoundland  and 
other  banks  in  the  North  American  seas.  On 
the  part  of  Great  Britain,  the  question  which 
seemed  most  to  interest  the  feelings,  if  not  the 
policy,  of  her  government,  was  the  restitution  of 
the  confiscated  estates  of  the  loyalists,  or  com 
pensation  for  their  loss;  and  after  that,  the  re 
covery  of  debts  due  to  her  subjects  from  Amer 
ican  citizens. 

With  regard  to  the  boundaries  claimed  by  the 
United  States,  as  well  as  the  fisheries,  we  have 
seen  that  neither  of  them  was  formally  made  a 

was  received,  containing  a  petition  paper,  at  the  time,  seems  alone  to 

which  had  been  addressed  by  Mr.  have  prevented  the  adoption  of  the 

Laurens  to  the  House  of  Commons,  motion. 

praying  to  be  discharged  from  his  We  add  with  pleasure  that  the 
confinement,  and  couched  in  terms  patriotism  and  vigilance  which  Mr. 
studiously  framed  to  propitiate  the  Laurens  manifested  after  his  liber- 
favor  of  those  to  whom  it  was  ad-  ation,  in  guarding  the  rights  of  his 
dressed.  Mr.  Madison,  jealous  of  country  against  the  insidious  policy 
the  dignity  of  his  country,  as  soon  of  the  English  cabinet,  atoned,  in 
as  he  became  satisfied  of  the  genu-  Mr.  Madison's  estimation,  for  this 
ineness  of  this  paper,  —  the  tone  of  momentary  departure  from  the 
which  appeared  to  him  so  unbe-  elevated  bearing  of  an  American 
coming  the  position  of  a  representa-  representative  —  the  unhappy  ef- 
tiveof  the  United  States  abroad, —  feet,  doubtless,  of  a  long  and  de- 
moved  that  the  resolution  previ-  bilitating  confinement,  and  the 
ously  adopted  should  not  be  trans-  derangement  of  health,  mental 
mitted  till  the  further  order  of  and  bodily,  which  it  superinduced. 
Congress.  A  disposition  with  many  See  Madison  Debates  and  Corre- 
to  discredit  the  authenticity  of  the  spondence,  vol.  I.  pp.  1 75-1 78. 


MR.  MADISON'S  MOTION  IN   CONGRESS.        347 

part  of  the  ultimatum  of  peace  laid  down  in  the 
general  instructions  of  the  15th  of  June,  178 1.1 
Both  were,  nevertheless,  deemed  objects  of  vital 
importance  to  the  United  States,  and  invariably 
so  treated  by  Congress  in  all  their  deliberations. 

In  the  original  instructions  of  the  14th  of  Au 
gust,  1779,  the  recognition  of  the  boundaries 
claimed  by  the  United  States  was,  as  we  have 
heretofore  stated,  made  a  sine  qua  non  of  peace, 
while  the  fisheries  were  not.  The  latter  were  to 
be  included,  however,  in  a  distinct  commercial 
negotiation,  in  which  the  American  minister  was 
instructed  "not  to  agree  to  any  treaty  of  com 
merce  with  Great  Britain,  without  an  explicit 
stipulation  on  her  part  not  to  molest  or  disturb 
the  inhabitants  of  the  United  States  in  the  rights 
of  fishery  claimed  by  them." 2 

The  settlement  of  boundaries  having,  against 
the  wishes  of  the  Southern  States  who  were 
more  particularly  interested  in  that  question, 
been  pretermitted  in  the  ultimatum  for  peace  as 
fixed  by  the  instructions  of  June,  1781;  and  the 
fisheries  being  still  a  sine  qua  non  of  a  treaty  of 
commerce  under  the  commercial  instructions  given 
in  August,  1779,  which  remained  unrevoked;  Mr. 
Madison,  in  order  to  restore  an  equitable  balance 
between  these  two  great  sectional  interests, 
moved,  on  the  29th  of  June,  1781,  that  no 
treaty  of  commerce  should  be  made  with  Great 

1  Ante,  pp.  256,  257. 

a  Ante,  pp.  254,  255,  and  Secret  Journals,  vol.  n.  pp.  229-231. 


348  LIFE   AND  TIMES   OF  MADISON. 

Britain  unless,  in  addition  to  the  required  stipu 
lation  in  favor  of  the  fisheries,  there  were  stipu 
lations  also  in  favor  of  all  the  objects  embraced 
in  the  ultimatum  for  peace  established  in  August, 
1779.1 

This  motion  was  negatived  by  the  votes  of  six 
States  out  of  eleven  present ;  and  the  fisheries, 
the  peculiar  object  of  solicitude  to  the  Northern 
States,  were  thus  left  in  possession  of  the  prefer 
ential  footing  they  held  under  the  instructions 
for  a  treaty  of  commerce.  As  the  only  means, 
then,  of  arriving  at  that  impartiality  which  a  just 
national  sentiment  demanded,  Mr.  Madison,  a  few 
days  afterwards,  (12th  of  July,  1781,)  submitted 
a  motion  that  "the  commission  and  instructions 
for  negotiating  a  treaty  of  commerce  between 
these  United  States  and  Great  Britain,  given  to 
the  Hon.  John  Adams  on  the  29th  of  September, 
1779,  be  and  they  are  hereby  revoked."  This 
proposition  was  agreed  to  by  eight  out  of  eleven 
States,  New  Hampshire,  Massachusetts,  and  Con 
necticut  alone  dissenting.2 

A  rightful  equality  being  thus  reestablished, 
Mr.  Madison  had  soon  an  opportunity  of  evincing 
the  spirit  of  comprehensive  nationality  with  which 
he  was  animated.  He  was  one  of  a  committee 
to  which  an  urgent  representation  of  the  legisla 
ture  of  Massachusetts,  pressing  upon  Congress 

1  See  Secret  Journals,  vol.  n.  tioned  in   the  resolution  was  the 
p.  458.  date  of  the  commission,  but  not  of 

2  Idem,  pp.  463,  464.     The  date  the  instructions,  which  were  agreed 
(29th  of  September.  1779)  men-  to  on  the  14th  of  August,  1779. 


NATIONALITY   OF  MR.   MADISON'S  VIEWS.    349 

the  expediency  of  embracing  the  fisheries  in  a 
settlement  of  the  terms  of  peace,  was  referred. 
In  the  report  of  that  committee,  made  on  the 
8th  of  January,  1782,  and  bearing  undoubted 
traces  of  Mr.  Madison's  luminous  pen,  is  a  pow 
erful  argument  in  favor  of  the  right  of  the  in 
habitants  of  the  United  States  to  participate  in 
the  fisheries,  standing  side  by  side  with  a  con 
clusive  vindication  of  the  boundaries  claimed  by 
them ;  and  the  committee  recommend  that  the 
American  negotiators  be  instructed  "to  contend 
for  that  right  as  equally  desired  and  expected 
by  Congress  with  any  of  the  other  claims  here 
tofore  declared  to  be  objects  of  the  '  desires  and 
expectations  '  of  Congress."  ] 

In  a  representation  to  the  minister  of  France, 
prepared  by  another  committee,  of  which  Mr. 
Madison  was  also  a  leading  member,  and  adopted 
by  Congress  on  the  3d  of  October,  1782,  the 
fisheries  again  assumed  their  equal  rank  in  an 
enumeration  of  the  rights  claimed  by  the  United 
States.  In  that  imposing  paper,  the  declaration 
is  emphatically  repeated  that  "  Congress  consider 
the  territorial  claims  of  the  United  States  as 
heretofore  made,  their  participation  of  the  fish 
eries,  and  the  free  navigation  of  the  Mississippi, 
not  only  as  their  indubitable  rights,  but  as  essen 
tial  to  their  prosperity."  2 

With  such  repeated  and  unequivocal  expres 
sions  of  the  intentions  and  wishes  of  Congress  in 

1  See  Secret  Journals,  vol.  in.  pp.  150-161.     2  Idem,  pp.  241-243. 
VOL.  I.  30 


350  LIFE    AND   TIMES   OF  MADISON. 

regard  to  these  great  objects  of  national  in 
terest, —  enforced,  too,  as  they  had  been  at  an 
early  day,  by  a  most  able  letter  of  instructions 
from  the  secretary  of  foreign  affairs  to  one  of 
the  negotiators  for  peace,1  —  the  American  min 
isters  could  be  at  no  loss  to  understand  with 
what  earnestness  and  perseverance  they  were  to 
be  insisted  on ;  although,  for  certain  political  con 
siderations  operating  at  the  time,  they  had  not 
been  formally  made  a  part  of  the  ultimatum  for 
peace.  They  were  at  length  yielded  by  the  Brit 
ish  commissioners,  and  acknowledged  in  the  pro 
visional  articles  of  peace  agreed  upon ;  but  at 
the  price  of  a  stipulation  that  "Congress  should 
earnestly  recommend  to  the  legislatures  of  the 
respective  States  to  provide  for  the  restitution 
of  the  confiscated  estates  of  the  loyalists." 

This  concession  was  in  direct  conflict  with  the 
feelings  and  remonstrances  of  the  States  in  which 
such  confiscations  were  made ;  and  had  also  been 
strongly  deprecated  by  the  instructions  which, 
from  time  to  time,  were  addressed  by  Congress 
to  its  plenipotentiaries.  But  as  some  stipulation 
on  the  subject  was  made  by  the  British  govern 
ment  an  indispensable  condition  of  peace,  and 
the  American  negotiators  had  frankly  declared 
there  was  no  power  in  Congress  to  act  au 
thoritatively  in  the  matter,  a  simple  recommen- 

1  Letter  of  Mr.  R.  R.  Livingston     spondence  of  the  American  Revo- 
to  Dr.  Franklin  of  the  7th  of  Jan-    lution,  vol.  in.  pp.  268-281. 
uary,  1782,  in  Diplomatic  Corre- 


PROVISIONAL   ARTICLES   OF  PEACE.          351 

dation  of  the  measure  by  Congress  to  the  States 
was  finally  agreed  upon.  There  was  a  stipula 
tion  also  that  "  creditors  on  either  side  should 
meet  with  no  lawful  impediment"  to  the  recov 
ery  of  the  full  value  of  their  debts. 

These  provisional  articles  were  signed  by  the 
American  and  British  commissioners  on  the  30th 
of  November,  1782,  "to  be  inserted  in  and  con 
stitute  a  treaty  of  peace  between  the  crown  of 
Great  Britain-  and  the  United  States  of  America, 
when  the  terms  of  a  peace  should  be  agreed 
upon  between  Great  Britain  and  France."  They 
were  not  made  known  to  the  French  govern 
ment  until  after  they  had  been  concluded  and 
actually  signed  by  the  negotiators ;  nor  had  the 
American  commissioners  apprised  the  Count  de 
Yergennes  of  the  successive  steps  and  progress 
of  the  negotiation,  while  it  was  pending. 

This  reserve,  and  apparent  distrust,  were  so 
contrary  to  the  spirit  which  had  hitherto  char 
acterized  the  intercourse  of  the  two  governments, 
and  were  so  directly  opposed  to  the  repeated  and 
solemn  assurances  of  Congress  that  "they  would 
hearken  to  no  propositions  for  peace  but  in  con 
fidence  and  in  concert  with  his  Most  Christian 
Majesty," l  that  the  mortification  felt  at  a  seem 
ing  departure  from  the  pledges  of  the  national 
faith  was  no  small  abatement  from  the  general 
satisfaction  given  by  the  substance  of  the  provis- 

1  See  Declarations  of  the  31st  of  May  and  3d  of  October,  1 782, 
before  referred  to. 


y 


352  LIFE   AND   TB1ES   OF  MADISON. 

ional  articles.  The  unpleasant  sentiment  thus 
excited  was  increased  by  the  fact  that  a  tecret 
article  was  agreed  to  by  the  American  commis 
sioners,  stipulating  a  more  favorable  northern 
boundary  for  Florida  in  the  event  of  its  conquest 
by  the  arms  of  Great  Britain,  than  if  it  should 
remain  in  the  possession  of  Spain  at  the  termi 
nation  of  the  war.  This  stipulation  was  not  ad 
mitted  into  the  body  of  the  provisional  articles, 
but  formed  a  separate  and  additional  article,  was 
separately  signed  by  the  commissioners,  and  was 
concealed  from  the  French  government,  even 
when  the  other  articles  were  communicated  to  it. 

The  despatches  of  the  American  commissioners, 
containing  the  history  and  results  of  their  nego 
tiations,  were  received  in  the  United  States  on 
the  llth  clay  of  March,  1783.  They  were  laid 
before  Congress  on  the  12th ;  and  four  da}rs  were 
occupied  in  reading  them.  The  impressions  pro 
duced  by  them  in  Congress  are  thus  described 
by  Mr.  Madison  in  his  diary  of  the  proceedings 
of  that  body,  under  date  of  the  12th,  13th,  14th, 
and  15th  of  March:  — 

"These  days  were  employed  in  reading  the 
despatches  brought  on  Wednesday  morning  by 
Captain  Barney,  commanding  the  Washington 
packet.  They  were  dated  from  December  the  4th 
to  the  24th,  from  the  ministers  plenipotentiary 
for  peace,  with  journals  of  preceding  transactions, 
and  were  accompanied  by  the  preliminary  arti 
cles  signed  on  the  30th  of  November,  between 


RECEPTION  OF  TREATY  BY  CONGRESS.       353 

the  said    ministers  and  Mr.   Oswald,  the  British 
minister. 

"The  terms  granted  to  America  appeared  to 
Congress,  on  the  whole,  extremely  liberal.  It 
was  observed  by  several,  however,  that  the  stip 
ulation  obliging  Congress  to  recommend  to  the 
States  a  restitution  of  confiscated  property,  al 
though  it  could  scarcely  be  understood  that  the 
States  would  comply,  had  the  appearance  of  sac 
rificing  the  dignity  of  Congress  to  the  pride  of 
the  British  King. 

tt  The  separate  and  secret  manner  in  which  our 
ministers  had   proceeded  with  respect  to  France, 
and  the  confidential  manner  with  respect  to   the 
British    ministers,   affected   different   members   of 
Congress  differently.     Many  of  the  most  judicious 
members    thought    they   had   all    been    in    some 
measure  ensnared  by  the  dexterity  of  the  British 
minister,  and  particularly  disapproved  of  the  con 
duct  of  Mr.  Jay  in  submitting  to  the  enemy  his 
jealousy  of  the  French,  without  even  the  knowl 
edge    of   Dr.    Franklin,    and    of   the    unguarded 
manner  in  which  he,  Mr.  Adams,  and  Dr.  Frank 
lin   had   given,  in  writing,  sentiments   unfriendly 
to  our  ally,  and   serving  as  weapons   for  the   in 
sidious  policy  of  the  enemy.     The  separate  article 
was  most  offensive,  being  considered  as  obtained 
by  Great  Britain,  not  for  the  sake  of  the  terri 
tory  ceded  to  her,  but  as  a  means  of  disuniting 
the    United    States    and    France,    as    inconsistent 
with  the    spirit  of  the  alliance,  and  a  dishonor- 


so* 


354  LIFE   AND  TIMES   OF  MADISON. 

able  departure    from   the    candor,  rectitude,   and 
plain  dealing  professed  by  Congress. 

« The  dilemma  in  which  Congress  were  placed 
was  sorely  felt.     If  they  should  communicate  to 
the    French    minister    everything,    they    exposed 
their  own  ministers;  destroyed   all   confidence  in 
them  on  the  part  of  France ;  and  might  engage 
them    in    dangerous    factions    against     Congress, 
which  was  the  more  to  be   apprehended,  as  the 
terms  obtained  by  their  management  were  pop 
ular  in  their  nature.     If  Congress  should  conceal 
everything,  and  the  French  court  should,  either 
from  the  enemy  or  otherwise,  come  to  the  knowl 
edge  of  it,  all  confidence  would  be  at  an  end  be 
tween  the  allies ;  the  enemy  might  be  encouraged 
to  make  fresh  experiments,  and  the  public  safety, 
as  well  as  the  national  honor,  be  endangered. 

« Upon  the  whole,  it  was  thought  and  observed 
by  many  that  our  ministers,  particularly  Mr.  Jay, 
instead  of  making  allowances  for  and  affording 
facilities  to  France,  in  her  delicate  situation  be 
tween  Spain  and  the  United  States,  had  joined 
with  the  enemy  in  taking  advantage  of  it  to  in 
crease  her  perplexity;  and  that  they  had  made 
the  safety  of  their  country  depend  on  the  sin 
cerity  of  Lord  Shelburne,  which  was  suspected 
by  all  the  world  besides,  and  even  by  most  of 
themselves.  [See  Mr.  Laurens's  letter,  December 
the  twenty-fourth.] 

"The  displeasure  of  the  French  court  at  the 
neglect  of  our  ministers  to  maintain  a  confiden- 


CONDUCT   OF  AMERICAN  MINISTERS.          355 

tial  intercourse,  and  particularly  to  communicate 
the  preliminary  articles  before  they  were  signed, 
was  not  only  signified  to  the  secretary  of  for 
eign  affairs,  but  to  sundry  members,  by  the  Chev 
alier  de  la  Luzerne.  To  the  former  he  showed 
a  letter  from  the  Count  de  Vergennes1  directing 
him  to  remonstrate  to  Congress  against  the  con 
duct  of  the  American  ministers,  (which  a  subse 
quent  letter  countermanded,  alleging  that  Dr. 
Franklin  had  given  some  explanations  that  had 
been  admitted) ;  and  he  told  Mr.  Livingston  that 
the  American  ministers  had  deceived  the  Count 
de  Vergennes  by  telling  him,  a  few  days  before 
the  preliminary  articles  were  signed,  that  the 
agreement  on  them  was  at  a  distance ;  that  when 
he  carried  the  articles  signed  into  council,  the 
King  expressed  great  indignation,  and  asked,  if 
the  Americans  served  him  thus  before  peace  was 
made,  and  whilst  they  were  begging  for  aids, 

1  A  copy  of  this  letter,  dated  the  from  the  peace ;  but  you  certainly 
i9th  of  December,  1782,  was  ob-  will  not  be  less  surprised  than  I 
tained  by  Mr.  Sparks  from  the  have  been  at  the  conduct  of  the 
French  archives,  and  will  be  found  commissioners."  In  another  part 
in  his  edition  of  Franklin's  Works,  of  the  letter,  the  Count  de  Ver- 
vol.  IX.  pp.  452-458.  It  is  written  gennes  says  if  he  had  been  Avilling 
with  nobleness  and  dignity,  and,  in  to  act  as  the  American  ministers 
its  whole  tone  and  spirit,  affords  had  done,  he  could  long  ago  have 
convincing  proof  of  the  injustice  concluded  a  treaty  between  France 
of  the  suspicions  entertained  by  and  England ;  but  he  adds :  "  The 
some  of  the  American  commission-  King  has  been  resolved  that  all  his 
ers.  It  begins  by  saying  to  the  allies  should  be  satisfied,  being  de- 
minister  :  "  You  will  surely  be  grat-  termined  to  continue  the  war,  what- 
ified,  as  well  as  myself,  with  the  ever  advantages  may  be  offered  to 
extensive  advantages  which  our  al-  him,  if  England  is  disposed  to 
lies,  the  Americans,  are  to  receive  wrong  any  one  of  them." 


356  LIFE   AND   TIMES   OF  MADISON. 

what  was  to  be  expected  after  peace,  &c.  To 
several  members  he  mentioned  that  the  King 
had  been  surprised  and  displeased,  and  that  he 
said  he  did  not  think  he  had  such  allies  to  deal 
with.  To  one  of  them  who  asked  whether  the 
court  of  France  meant  to  complain  to  Congress, 
Monsieur  Marbois  answered  that  great  powers 
never  complained,  but  that  they  felt  and  remem 
bered.  It  did  not  appear  from  any  circumstances 
that  the  separate  article  was  known  to  the  court 
of  France,  or  to  the  Chevalier  de  la  Luzerne." 

The  part  played  by  Mr.  Jay  in  this  diplomatic 
drama   seems   to   have    been    a   very    prominent 
one,  and  exhibited  strong  suspicions  of  the  integ 
rity  of  the    French  councils.     It  appears  from  a 
letter  addressed   by  him  to  the  secretary  of  for 
eign  affairs  on  the  18th  of  September,  1782,  and 
received  in  the  United  States  several  months  be 
fore  the  despatches  announcing  the  result  of  the 
negotiation,   that,  viewing   the  conduct  and   con 
versations   of   the   Count    de   Vergennes   through 
a  discoloring  medium,  he  early  took  up  the   im 
pression   that  the    policy  of  the  French  govern 
ment  was  adverse   to   a    prompt    and   frank    ac 
knowledgment  of  the  independence  of  the  United 
States  on  the  part  of  Great  Britain.     He  attrib 
uted  to  them  the  Machiavelian  design  "of  post 
poning  an  acknowledgment  of  our  independence 
by  England  to  the  conclusion  of  a  general  peace, 
in  order  to  keep  us  under  their  direction  until 
not  only  their  and  our  objects  are  attained,  but 


MR.  JAY'S   SUSPICIONS   OF  FRANCE.  357 

also  until  Spain  shall  be  gratified  in  her  demands 
to  'exclude  everybody  from  the  Gulf  of  Mexico."  1 
He  had  had,  also,  some  informal  communica 
tions  with  Monsieur  Rayneval,  the  principal  sec 
retary  of  Count  de  Vergennes,  in  which  the 
secretary,  expressing,  as  he  professed  to  do,  his 
"personal  ideas,"  sought  to  moderate  the  claims 
of  the  United  States  with  regard  to  Western  ter 
ritory.  This  was  done,  doubtless,  in  order  to' 
remove,  as  speedily  as  possible,  all  obstacles  to 
an  amicable  adjustment  with  Spain,  as  well  as 
Great  Britain,  and  thereby  to  facilitate  the  rees- 
tablishment  of  a  general  peace.  But  these  com 
munications  were  interpreted  by  Mr.  Jay  into  a 
conclusive  proof  that  the  French  government  was 
hostile  to,  and  would  with  all  its  influence  op 
pose,  the  extension  of  the  United  States  to  the 
Mississippi.  In  like  manner,  an  intercepted  let 
ter  of  Monsieur  Marbois,  secretary  of  the  French 
legation  in  the  United  States,  containing  some 
loose  speculations  of  the  writer  on  the  fisheries, 
which  was  placed  in  the  hands  of  Mr.  Jay  by 
the  British  agents  in  Paris,  was  considered  by 
him  as  revealing,  beyond  dispute,  the  secret  but 
determined  hostility  of  the  French  government 
to  the  American  claims  on  that  subject. 

In  the  United  States,  the  constant  and  undis 
guised  language  held  by  the  French  minister  to 
Congress  was  directed  to  inculcate  moderation  in 

1  Diplomatic  Correspondence  of  and  elaborate  letter  of  the  1 7th  of 
the  American  Revolution,  vol.  viri.  November,  1782,  in  same  volume, 
p.  126.  See  also  Mr.  Jay's  long  pp.  129-208. 


358  LIFE  AND  TIMES   OF  MADISON. 

our  demands  on  all  these  questions ;  but  this  was 
well  understood  to  proceed  from  the  great  anx 
iety  of  France  for  peace,  —  now  rendered  doubly 
necessary  to  her  by  her  financial  distresses,  —  as 
well  as  from  her  natural  desire  to  preserve  har 
mony  and  good  relations  with  her  ancient  ally, 
Spain,  whose  pretensions,  in  several  particulars, 
unfortunately  came  into  conflict  with  the  just 
claims  of  the  United  States.  But  Mr.  Jay,  in 
the  turn  which  his  sentiments  had  taken,  could 
not  view  these  things  in  the  same  charitable  and 
philosophical  light. 

His  mind,  constantly  wrought  upon  from  within 
and  without,  saw  in  the  most  natural  and  ordi 
nary  occurrences  "confirmation  strong  as  proof 
of  holy  writ"  of  the  truth  of  his  preconceived 
suspicions.  Monsieur  Rayneval,  about  this  time, 
was  sent  over  to  London  to  ascertain,  by  per 
sonal  communication  with  the  British  ministers, 
how  far  the  sincerity  of  their  pacific  professions 
was  to  be  relied  on,  and  to  smooth  the  way  to 
a  restoration  of  peace  by  a  frank  understanding, 
if  possible,  on  certain  points  of  fundamental  im 
portance.  Mr.  Jay  was  immediately  "  persuaded  " 
that  the  object  of  Monsieur  Rayneval's  mission 
was  to  prejudice  the  American  claims  with  the 
British  cabinet,  to  prevail  upon  Lord  Shelburne 
not  to  do  anything  which  should  amount  to  a 
preliminary  acknowledgment  of  American  inde 
pendence,  but  to  enter  into  a  compact  with 
France  to  divide  the  fisheries  with  her,  and  the 


SUSPICIONS  PROVED  TO  BE  UNFOUNDED.     359 

Western  territory  with  Spain,  to  the  entire  ex 
clusion  of  the  United  States  from  both!1  With 
these  irritant  suspicions  festering  into  morbid  ac 
tivity,  he  adopted  the  extraordinary  expedient 
of  making  one  of  Lord  Shelburne's  emissaries  in 
Paris  the  depositary  of  his  confidence,  and  of 
sending  him  over  to  London,  without  the  knowl 
edge  of  his  colleague,  Dr.  Franklin,  charged  with 
representations  from  himself  to  Lord  Shelburne 
to  countervail  the  suspected  treachery  of  the 
French  government. 

An  historical  inquirer,  whose  candor  and  love 
of  truth  are  worthy  of  his  superior  industry  and 
judgment,  and  who  has  had  free  access  to  the 
diplomatic  archives  of  both  the  French  and  Brit 
ish  governments,  and  especially  the  confidential 
correspondence  of  Count  de  Vergennes  and  Mon 
sieur  Rayneval  during  the  period  of  the  suspected 
mission  of  the  latter,  has,  in  his  investigations, 
found  every  one  of  Mr.  Jay's  suspicions  not 
merely  unsustained,  but  contradicted,  by  the  rec 
ord.2  How  monitory  this  lesson  of  the  delusions 

l  See  his  letter  of  the  1 7th  of  Monsieur  Rayneval  himself,  be- 

November,  1 782,  in  Diplomatic  ing  apprised  in  1 795,  by  Mr.  Mon- 

Correspondence  of  the  American  roe,  (then  American  minister  at 

Revolution,  vol.  vm.  pp.  163, 164.  Paris,)  of  the  suspicions  and  in- 

•a  See  the  note  of  Mr.  Sparks  on  sinuations  of  which  the  conduct  of 
the  letter  of  Mr.  Jay,  just  referred  the  French  government  in  the  ne- 
to,  Idem,  208-212.  See  also  the  gotiations  for  peace,  and  especially 
strong  opinion  of  the  integrity  of  his  own  mission  to  London  in  1782, 
France,  in  her  relations  with  the  had  been  the  subject,  addressed  a 
United  States  at  this  time,  ex-  letter  of  refutation  to  that  gentle- 
pressed  by  the  same  judicious  wri-  man,  which  is  distinguished  by  the 
ter,  in  his  Life  of  Franklin,  p.  495.  apparent  frankness  and  fulness  of 


360  LIFE  AND  TIMES   OF  MADISON. 

to  which  the  highest  intellect  is  exposed,  when 
swayed  by  suspicion  and  prejudice ;  and  how 
much  more  to  be  relied  on  are  the  conclusions 
of  a  calm  and  dispassionate  reason  in  the  ab 
sence  of  all  proofs,  —  for  such  was  the  situation 
of  the  American  Congress  when  called  to  sit  in 
judgment  on  these  transactions,  —  than  the  rash 
deductions  of  an  honest  but  excited  mind  in  the 
full  blaze  of  light,  by  which  it  is  heated  rather 
than  illuminated,  and  seeing  through  the  mirage 
of  its  prepossessions  the  objects  and  facts  that 
pass  under  its  immediate  observation. 

Mr.  Adams's  former  unpleasant  relations  with 
the  French  government  but  too  wrell  disposed 
him  to  enter,  heart  and  hand,  into  all  the  sus 
picions  and  denunciations  of  Mr.  Jay.  Dr.  Frank 
lin,  while  uniting  with  his  two  colleagues  in  the 
line  of  conduct  which  was  ultimately  pursued, 
did  not  share  in  the  remotest  degree  the  distrust 
by  which  they  were  actuated.  In  a  letter  of  the 
23d  of  July,  1783,  to  the  secretary  of  foreign 
affairs,  Mr.  Livingston,  he  makes  the  following 
explicit  disclaimer :  — 

"I  will  only  add  that,  with  respect  to  myself, 
neither  the  letter  from  Monsieur  Marbois,  handed 
us  through  the  British  negotiators,  (a  suspicious 
channel,)  nor  the  conversations  concerning  the 

its  statements.     Mr.  Monroe  sent  lations  of  France  and  the  United 

a  copy  of  the  letter,  shortly  after  States,   which    must   continue   to 

its  date,  to  Mr.  Madison,  among  challenge  the  attention  of  history 

whose  files  it  has  been  preserved,  by  its  bearing  on  the  honor  of  both 

As  still  farther  elucidating  a  most  nations,  we  have  inserted  it  in  the 

interesting  passage  in  the  early  re-  Appendix,  D. 


DR.  FRANKLIN  AND  MR.  LAURENS.     361 

fishery,  the  boundaries,  the  royalists,  &c.,  recom 
mending  moderation  in  our  demands,  are  of 
weight  sufficient  in  my  mind  to  fix  an  opinion 
that  this  court  wished  to  restrain  us  in  obtaining 
any  degree  of  advantage  we  could  prevail  on  our 
enemies  to  accord ;  since  these  discourses  are 
fairly  resolvable  by  supposing  a  very  natural  ap 
prehension  that  we,  relying  too  much  on  the 
ability  of  France  to  continue  the  war  in  our 
favor,  might  insist  on  more  advantages  than  the 
English  would  be  willing  to  grant,  and  thereby 
lose  the  opportunity  of  making  peace,  so  neces 
sary  to  all  our  friends."1 

Mr.  Laurens  has  left,  in  the  letter  referred  to 
in  the  extract  before  quoted  from  Mr.  Madison's 
diary,  an  unequivocal  testimony  of  what  he 
thought  of  the  relative  claims  of  France  and 
England,  at  that  time,  to  the  confidence  of  Amer 
ica.  In  that  letter,  written  little  more  than  three 
weeks  after  the  signature  of  the  provisional  arti 
cles,  he  says  :  — 

"It  is  the  incessant  endeavour  of  the  British 
government  to  detach  us  from  our  ally,  and  it 
is  given  out  in  London  that  they  have  out 
manoeuvred  the  court  of  France.  God  forbid  that 
any  future  act  or  future  supineness,  on  the  part 
of  the  United  States  of  America,  should  give  the 
smallest  degree  of  countenance  to  so  dishonor 
able  an  insinuation.  Every  engine  has  been, 

1  See  Diplomatic  Correspondence  of  the  American  Revolution, 
vol.  iv.  pp.  138,  139. 

VOL.  i.  31 


362  LIFE  AND  TIMES  OF  MADISON. 

every  degree  of  craft  under  the  mask  of  return 
ing  affection  will  be,  practised  for  creating  jeal 
ousies  between  the  States  and  their  good  and 
great  ally.  Through  their  ally's  assistance  and 
their  own  virtuous  perseverance,  they  attained  to 
those  preliminaries;  they  will  virtuously  perse 
vere  until  they  shall  have  performed  every  tittle  of 
their  engagements  with  that  ally,  —  against  whom, 
I  must  declare,  for  my  own  part,  I  see  no  cause 
for  entertaining  more  particular  jealousies  than 
ought  to  be  kept  upon  guard  against  every  ne 
gotiating  court  in  the  world,  nor  half  so  much  as 
should,  at  this  moment,  be  upon  the  watch  against 
every  motion  arising  from  our  new  half-friends."  l 

We  must  here  leave  Mr.  Madison  again  to 
give  his  appreciation  of  this  diplomatic  imbroglio. 
No  one  was  less  inclined  to  censoriousness  than 
he ;  but  in  the  unreserved  freedom  of  a  private 
communication  to  a  friend,  he  thus  sententiously 
summed  up  the  parts  of  the  different  actors,  as 
they  appeared  to  him. 

"  In  this  business,  Jay  has  taken  the  lead,  and 
proceeded  to  a  length  of  which  you  can  form 
little  idea.  Adams  has  followed  with  cordiality. 
Franklin  has  been  dragged  into  it.  Laurens,  in 
his  separate  letter,  professes  a  violent  suspicion 
of  Great  Britain,  and  good-will  and  confidence 
towards  France."  2 

The  secretary  of  foreign  affairs,  to  whom  the 

1  Diplomatic  Correspondence  of  1783,   to    Edmund    Randolph   in 
the  American  Revolution,  vol.  n.  Madison  Debates  and  Correspond- 
pp.  485,  486.  ence,  vol.  I.  p.  518. 

2  Letter  of  the  18th  of  March, 


REPORT   OF   SECRETARY  LIVINGSTON.        363 

despatches  received  from  the  American  ministers 
had  been  referred,  made  a  communication  to 
Congress  on  the  18th  of  March,  which,  —  after 
describing  the  painful  dilemma  to  which  Congress 
was  reduced  by  the  secret  article  relative  to 
Florida,  either  of  dishonoring  themselves  by  be 
coming  a  party  to  the  concealment,  or  of  wound 
ing  the  feelings  and  destroying  the  influence  of 
their  ministers  by  disclosing  the  article  to  the 
French  court,  —  recommended  as  the  least  disad 
vantageous  alternative,  that  he  be  authorized  to 
communicate  it  to  the  French  resident  minister 
in  such  manner  as  may  best  tend  to  obviate  un 
favorable  impressions.1 

In  the  debates  which  this  proposition  gave  rise 
to,  Mr.  Wolcott  of  Connecticut,  Mr.  Clark  of  New 
Jersey,  Mr.  Arthur  Lee  and  Mr.  Bland  of  Vir 
ginia,  Mr.  Williamson  of  North  Carolina,  and  Mr. 
Rutledge  of  South  Carolina,  appeared  as  the 
apologists  of  the  ministers.  In  opposing  the  rec 
ommendation  of  the  secretary,  while  none  of 
them  absolutely  justified  the  conduct  of  the  min 
isters,  all  of  them  evinced,  more  or  less,  (Mr. 
Lee,  Mr.  Bland,  and  Mr.  Kutledge  especially,)  a 
participation  in  the  jealousies  and  suspicions  of 
France,  under  the  influence  of  which  Messrs.  Jay 
and  Adams  had  avowedly  acted. 

Among  those  who  sustained  the  recommenda 
tion  of  the  secretary,  Colonel  Mercer  of  Virginia 
expressed  his  disapprobation  of  the  conduct  of 

l  Diplomatic  Correspondence  of  the  American  Revolution,  vol.  xi 
pp.  309-315. 


364  LIFE   AND  TIMES   OF  MADISON. 

the  ministers  in  terms  of  strong  and  unqualified 
censure.  Colonel  Alexander  Hamilton,  who  had 
taken  his  seat  in  Congress  only  a  few  months 
before,  as  one  of  the  delegates  of  New  York, 
urged  the  propriety  of  proceeding  with  coolness 
and  circumspection.  While  admitting  the  plausi 
bility  of  some  of  the  reasons  assigned  for  imput 
ing  to  France  the  policy  of  procrastinating  the 
definite  acknowledgment  of  our  independence  by 
Great  Britain,  the  arguments  in  his  judgment, 
though  strong,  were  not  conclusive. 

"Caution  and  vigilance,"  he  said,  "were  justi 
fied  by  the  appearance,  and  that  alone.  But 
compare  this  policy  with  that  of  Great  Britain; 
survey  the  past  cruelty  and  present  duplicity  of 
her  councils ;  behold  her  watching  every  occasion 
and  trying  every  project  for  dissolving  the  hon 
orable  ties  which  bind  the  United  States  to  their 
ally ;  and  then  say  on  which  side  our  resentments 
and  jealousies  ought  to  lie.  With  respect  to  the 
instruction  submitting  our  ministers  to  the  ad 
vice  of  France,  he  had  disapproved  it  uniformly 
since  it  had  come  to  his  knowledge ;  but  he  had 
always  judged  it  improper  to  repeal  it.  He  dis 
approved  highly  of  the  conduct  of  our  ministers 
in  not  showing  the  preliminary  articles  to  our 
ally  before  they  signed  them,  and  still  more  so, 
of  their  agreeing  to  the  separate  article.  This 
conduct  gave  an  advantage  to  the  enemy,  which 
they  would  not  fail  to  improve  for  the  purpose 
of  inspiring  France  with  indignation  and  distrust 
of  the  United  States," 


DEBATES  IN   CONGRESS.  365 

After  some  other  observations,  he  concluded 
that  "  a  middle  course,  with  respect  to  our  min 
isters,  was  best;  that  they  ought  to  be  com 
mended  in  general ;  but  that  the  communication 
of  the  separate  article  ought  to  take  place.  He 
observed  that  our  ministers  were  divided  as  to 
the  policy  of  France,  but  that  they  all  were 
agreed  as  to  the  necessity  of  being  on  the  watch 
against  Great  Britain.  He  apprehended  that  if 
the  ministers  were  to  be  recalled  or  reprehended, 
they  would  be  disgusted,  and  head  and  foment 
parties  in  this  country.  He  observed  particu- 
larlyj  with  respect  to  Mr.  Jay,  that,  although  he 
was  a  man  of  profound  sagacity  and  pure  integ 
rity,  yet  he  was  of  a  suspicious  temper,  and  that 
this  trait  might  explain  the  extraordinary  jeal 
ousies  which  he  professed." 

Mr.  Wilson  of  Pennsylvania,  whose  moderation 
and  impartiality,  added  to  his  high  character  for 
abilities  and  experience,  gave  great  weight  to  his 
opinions,  also  took  part  in  the  discussion.  Allud 
ing  to  the  instruction  of  the  15th  of  June,  1781, 
which  submitted  our  ministers  to  the  advice  of 
France,  he  said  :  — 

"However  objectionable  this  step  may  have 
been  in  Congress,  the  magnanimity  of  our  ally 
in  declining  to  obtrude  his  advice  on  our  minis 
ters  ought  to  have  been  a  fresh  motive  to  their 
confidence  and  respect  Although  they  deserve 
commendation  in  general  for  their  services,  in 
this  respect  they  do .  not.  He  was  of  opinion 

31* 


366  UFE   AND   TIMES    OF  MADISON. 

that  the  spirit  of  the  treaty  with  France  forbade 
the  signing  of  the  preliminary  articles  without 
her  consent,  and  .that  the  separate  article  ought 
to  be  disclosed;  but  as  the  merits  of  our  minis 
ters  entitled  them  to  the  mildest  and  most  deli 
cate  mode  in  which  it  could  be  done,  he  wished 
the  communication  to  be  left  to  themselves,  as 
they  would  be  the  best  judges  of  the  explana 
tion  which  ought  to  be  made  for  the  conceal 
ment,  and  their  feelings  would  be  less  wounded 
than  if  it  were  made  without  their  intervention.' 

The  debate  on  the  recommendation  of  the  sec* 
retary  of  foreign  affairs  was  closed  by  Mr.  Mad 
ison  in  the  following  comprehensive  remarks, 
which,  in  consideration  of  the  high  interest  and 
delicacy  of  the  questions  involved,  as  well  as  of 
the  manly  frankness-  with  which  they  were  treated, 
we  insert  here  without  the  omission  of  any  part. 

"He  expressed  his  surprise  at  the  attempts 
made  to  fix  the  blame  of  all  our  embarrassments 
on  the  instruction  of  June  15,  1781,  when  it  ap 
peared  that  no  use  had  been  made  of  the  power 
given  by  it  to  the  court  of  France ;  that  our 
ministers  had  construed  it  in  such  a  way  as  to 
leave  them  at  full  liberty;  and  that  no  one  in 
Congress  pretended  to  blame  them  on  that  ac 
count.  For  himself,  he  was  persuaded  their  con 
struction  was  just ;  the  advice  of  France  having 
been  made  a  guide  to  them  only  in  cases  where 
the  question  respected  the  concessions  of  the 
United  States  to  Great  Britain  necessary  and 


MR   MADISON'S   SPEECH.  367 

proper  for  obtaining  peace  and  an  acknowledg 
ment  of  independence,  not  where  it  respected 
concessions  to  other  powers  and  for  other  pur 
poses.  He  reminded  Congress  of  the  change 
which  had  taken  place  in  our  affairs  since  that 
instruction  was  passed,  and  remarked  the  proba 
bility  that  many  who  were  now,  perhaps,  the 
loudest  in  disclaiming,  would,  under  the  circum 
stances  of  that  period,  have  been  the  foremost 
to  adopt  it.1  He  admitted  that  the  change  of 
circumstances  had  rendered  it  inapplicable  ;  but 
thought  an  express  repeal  of  it  might,  at  this 
crisis  at  least,  have  a  bad  effect. 

"  The  instructions,"  he  observed,  "  for  disregard 
ing  which  our  ministers  had  been  blamed,  and 
which,  if  obeyed,  would  have  prevented  the  di 
lemma  now  felt,  were  those  which  required  them 
to  act  'in  concert  and  in  confidence  with  our 
ally ' ;  and  these  instructions,"  he  said,  "  had  been 
repeatedly  confirmed  in  every  stage  of  the  Kev- 
olution,  by  unanimous  votes  of  Congress ;  several 
of  the  gentlemen  present,2  who  now  justified  our 
ministers,  having  concurred  in  them ;  and  one  of 
them3  having  penned  two  of  the  acts,  in  one  of 

1  "  The  committee  who  report-  of  the  declaration  made  in   Sep- 
ed  the  instruction  were  Mr.  Car-  tember  last,  and  the  instructions 
roll,  Mr.  Jones,  Mr.  Witherspoon,  about  the   same  time.     This  was 
Mr.  Sullivan,  and  Mr.  Matthews,  considerably   altered,  but   not  in 
Mr.  Witherspoon  was  particularly  that  respect."     [The  acts  here  re- 
prominent  throughout."  ferred  to  are,  doubtless,  those  of 

2  "Messrs.  Bland,  Lee, and  Rut-  the  3d  and  4th  of  October,  1782, 
ledge."  which  see  in  Secret  Journals  of 

3  "Mr.  Rutledge,  who   framed  Congress,  vol.  in.  pp.  241  and  248. 
in  the  committee  the  first  draught  See  also  supra,  p.  271.] 


368  LIFE   AND  TIMES   OF  MADISON. 

which  Congress  went  farther  than  they  had  done 
in  any  preceding  act,  by  declaring  that  they 
would  not  make  peace  until  the  interests  of  our 
allies  and  friends,  as  well  as  of  the  United  States, 
should  be  provided  for. 

"As  to  the  propriety  of  communicating  to  our 
ally  the  separate  article,  he  thought  it  resulted 
clearly  from  considerations  both  of  national  honor 
and  national  security.  He  said  that  Congress, 
having  repeatedly  assured  their  ally  that  they 
would  take  no  step  in  a  negotiation  but  in  con 
cert  and  in  confidence  with  him,  and  having 
even  published  to  the  world  solemn  declarations 
to  the  same  effect,  would,  if  they  abetted  this 
concealment  of  their  ministers,  be  considered  by 
all  nations  as  devoid  of  all  constancy  and  good 
faith,  unless  a  breach  of  these  assurances  and 
declarations  could  be  justified  by  an  absolute  ne 
cessity,  or  some  perfidy  on  the  part  of  France. 
It  was  manifest  no  such  necessity  could  be 
pleaded. 

66  As  to  perfidy  on  the  part  of  France,  nothing 
but  suspicious  and  equivocal  circumstances  had 
been  quoted  in  evidence  of  it,  and  even  in  these 
it  appeared  that  our  ministers  were  divided; 
that  the  embarrassment  in  which  France  was 
placed  by  the  interfering  claims  of  Spain  with 
the  United  States  must  have  been  foreseen  by 
our  ministers,  and  that  the  impartial  public  would 
expect  that,  instead  of  cooperating  with  Great 
Britain  in  taking  advantage  of  this  embarrass- 


OK  THE 

VERSITY 


MR.  MADISON'S  SPEECH.  369 

ment,  they  ought  to  have  made  every  allowance 
and  given  every  facility  to  it,  consistent  with  a 
regard  to  the  rights  of  their  country;  that  ad 
mitting  every  fact  alleged  by  our  ministers  to 
be  true,  it  could,  by  no  means,  be  inferred  that 
the  opposition  made  by  France  to  our  claims 
was  the  effect  of  any  hostile  or  ambitious  de 
signs  against  them,  or  any  other  design  than 
that  of  reconciling  them  with  those  of  Spain. 

"The  hostile  aspect  which  the  separate  article, 
as  well  as  the  concealment  of  it,  bore   to  Spain,' 
would  be  regarded  by  the  impartial  world  as  a 
dishonorable    alliance  with   our   enemies    against 
the  interests  of  our  friends;  that    notwithstand 
ing    the    disappointments    and    even    indignities 
which  the  United  States  had  received  from  Spain, 
it   could  neither   be    denied    nor  concealed   that 
the  former  had  derived  many  substantial  advan 
tages  from  her  taking  part  in  the  war,  and  had 
even    obtained    some    pecuniary   aids;  that    the 
United   States  had  made   professions  correspond 
ing  with  those  obligations ;  that  they  had  testified 
the  important  light  in  which  they  considered  the 
support   resulting  to   their  cause  from  the   arms 
of  Spain,  by  the  importunity  with  which  they  had 
courted    her    alliance,    by    the    concessions    with 
which  they  had  offered    to  purchase  it,  and   by 
the  anxiety  which  they  expressed  at  every  ap 
pearance  of  her  separate  negotiations  for  a  peace 
with  the  common  enemy. 
"That    our   national   safety  would    be    endan- 


370  LIFE   AND   TIMES   OF  MADISON. 

gered  by  Congress  making  themselves  a  party 
to  the  concealment  of  the  separate  article,  he 
thought  could  be  questioned  by  no  one.  No 
definitive  treaty  of  peace,  he  observed,  had  as 
yet  taken  place  ;  the  important  articles  between 
some  of  the  belligerent  parties  had  not  even 
been  adjusted  ;  our  insidious  enemy  was  evidently 
laboring  to  sow  dissensions  among  them ;  the  in- 
caution  of  our  ministers  had  but  too  much  facil 
itated  them  between  the  United  States  and 
France ;  a  renewal  of  war,  therefore,  in  some 
form  or  other,  was  still  to  be  apprehended;  and 
what  would  be  our  situation  if  France  and  Spain 
had  no  confidence  in  us ;  and  what  confidence 
could  they  have,  if  we  did  not  disclaim  the  policy 
which  had  been  followed  by  our  ministers. 

"  He  took  notice  of  the  intimation  given  by 
the  British  minister  to  Mr.  Adams,  of  an  intended 
expedition  from  New  York  against  West  Florida 
as  a  proof  of  the  illicit  confidence  into  which 
our  ministers  had  been  drawn,  and  urged  the  in 
dispensable  duty  of  Congress  to  communicate  it 
to  those  concerned  in  it.  He  hoped  that  if  a 
committee  should  be  appointed  —  for  which,  how 
ever,  he  saw  no  necessity  —  this  would  be  in 
cluded  in  their  report,  and  that  their  report 
would  be  made  with  as  little  delay  as  possible." 

The  letter  of  the  secretary  of  foreign  affairs, 
together  with  the  despatches  of  the  American 
commissioners,  and  the  several  propositions  which 
had  been  made  in  the  course  of  the  debate,  was 


REPORT   OF   COMMITTEE.  371 

finally  referred  to  a  committee  consisting  of  Mr. 
Wilson  of  Pennsylvania,  Mr.  Gorham  of  Massa 
chusetts,  Mr.  Eutledge  of  South  Carolina,  Mr.  Clark 
of  New  Jersey,  and  Mr.  Hamilton  of  New  York. 
On  the  22d  of  March,  the  committee  made 
their  report,  recommending  that  the  ministers  be 
thanked  for  their  zeal  in  negotiating  the  prelim 
inary  articles,  that  they  be  instructed  to  com 
municate  the  separate  article  to  the  court  of 
France  in  such  way  as  would  best  get  over  the 
concealment,  and  that  they  be  informed  by  the 
secretary  of  foreign  affairs  of  the  wish  of  Con 
gress  that  they  had  communicated  the  preliminary 
articles  to  the  court  of  France  before  those  arti 
cles  had  been  executed.1 

The  report  of  the  committee  led  to  a  renewal 
of  the  discussion  on  the  conduct  of  the  ministers 
in  withholding  a  knowledge  of  their  negotiations 
from  the  French  government ;  and  efforts  were 
made,  by  motions  of  recommitment  and  post 
ponement,  to  prevent  any  action  of  Congress  on 
the  subject.  The  receipt  of  intelligence,  on  the 
following  day,  that  the  preliminaries  of  a  general 
peace  among  all  the  belligerents  had  been  signed 
at  Paris  on  the  20th  of  January  preceding,  fa 
vored  the  designs  of  those  who  were  desirous 
of  preventing  any  expression  of  opinion  by  Con 
gress  with  regard  to  the  conduct  of  the  Ameri 
can  negotiators;  and  so  it  happened  in  the  end 
that  there  was  no  positive  action  of  Congress  on 
the  report  of  the  committee. 

l  See  Madison  Debates,  vol.  i.  p.  405. 


372  LIFE  AND   TIMES   OF  MADISON. 

But  on  the  25th  of  March  a  letter  was  ad 
dressed  by  the  secretary  of  foreign  affairs  to  the 
commissioners,  which  may  be  fairly  presumed  to 
embody  the  deliberate  sentiments  of  a  majority 
of  Congress  on  the  several  questions  which  had 
arisen  out  of  the  negotiation,  —  it  being  in  close 
conformity  to  the  report  of  the  committee.  He 
informs  them  that  the  preliminary  articles  had 
met  with  the  warmest  approbation  of  Congress, 
and  been  generally  seen  by  the  people  in  the 
most  favorable  point  of  view ;  that  the  stipula 
tions  with  regard  to  independence,  to  boundaries, 
and  the  fisheries,  were  entirely  satisfactory ;  so 
likewise  was  the  provision  for  the  recovery  of 
British  debts ;  and  although  the  article  respect 
ing  the  confiscated  estates  of  the  loyalists  was 
not  likely  to  receive  the  sanction  of  the  separate 
States,  on  whose  free  will  its  execution  was  ex 
pressly  made  to  depend,  yet,  in  agreeing  to  it, 
under  the  circumstances  of  the  case  and  with  the 
declaration  by  which  they  had  accompanied  it, 
there  was  no  fault  on  their  part,  but  the  folly 
was  that  of  the  British  commissioners,  as  well  in 
asking  as  in  accepting  such  a  stipulation. 

He  then  proceeds:  "But,  gentlemen,  though 
the  issue  of  your  treaty  has  been  successful, 
though  I  am  satisfied  that  we  are  much  indebted 
to  your  firmness  and  perseverance,  to  your  accu 
rate  knowledge  of  our  situation  and  of  our  wants, 
for  this  success,  yet  I  feel  no  little  pain  at  the 
distrust  manifested  in  the  management  of  it, 


SECRETARY'S   LETTER  TO  MINISTERS.         373 

particularly  in  signing  the  treaty  without  com 
municating  it  to  the  court  of  Versailles  till  after 
the  signature,  and  in  concealing  the  separate 
article  from  it,  even  when  signed.  I  have  ex 
amined  with  the  most  minute  attention  all  the 
reasons  assigned  in  your  several  letters  to  justify 
these  suspicions.  I  confess  they  do  not  strike 
me  so  forcibly  as  they  appear  to  have  done  you ; 
and  it  gives  me  pain  that  the  character  for 
candor  and  fidelity  to  its  engagements,  which 
should  always  characterize  a  great  people,  should 
have  been  impeached  thereby.  The  concealment 
was,  in  my  opinion,  absolutely  unnecessary ;  for 
had  the  court  of  France  disapproved  the  terms 
you  had  made,  —  after  they  had  been  agreed 
upon,  they  could  not  have  acted  so  absurdly  as 
to  counteract  you  at  that  late  day,  and  thereby 
put  themselves  in  the  power  of  an  enemy  who 
would  certainly  betray  them,  and  perhaps  justify 
you  in  making  terms  for  yourselves."  l 

Such  was  the  language  of  truth  and  candor 
uttered  by  one  who  was  in  a  position  to  form 
the  most  competent  as  well  as  impartial  judg 
ment.  The  sober  voice  of  a  dispassionate  pos 
terity  ratifies  and  confirms  it.  The  sentiment  of 
distrust  indulged  by  a  portion  of  the  American 
negotiators  was  unjust  alike  to  France  and  to 
America.2 

1  See    Diplomatic    Correspond-     sometimes  committed  in   the  dis- 
ence  of  the  American  Revolution,     cussions  of  this  question  by  citing, 
vol.  x.  pp.  129-133.  from  the  interested  revelations  af- 

2  A    singular    anachronism    is     terwards   made   by   order  of  the 
VOL.  i.  32 


374  LIFE   AND   TIMES   OF  MADISON. 

We  look  in  vain  through  the  records  of  his 
tory  for  the  example  of  an  international  compact 
so  manly  and  generous  in  its  terms,  so  loyal  and 
steadfast  in  its  fulfilment,  so  fruitful  and  glorious 
in  its  consequences,  as  the  alliance  of  1778  be 
tween  the  ancient  monarchy  of  the  Franks  and 
the  infant  republic  of  the  Anglo-Saxon  colonists  of 
America.  If  the  policy  of  weakening  a  powerful 
and  haughty  rival  entered  into  the  motives  of 
France,  as  naturally  it  would  do,  where  shall  we 
find  the  instance  of  such  important  protection 
and  support  given  to  a  State  just  struggling  into 
existence,  without  the  slightest  advantage  being 
taken,  in  the  conditions  of  the  alliance,  of  the 
necessities  and  dependence  of  the  feebler  party  ? 

We  shall  certainly  not  find  it  in  the  case  of 
England,  who,  for  the  support  she  gave  to  the 
United  Provinces  in  their  noble  struggle  for  in 
dependence  against  the  bloody  and  ferocious  des 
potism  of  Spain,  stipulated  that  all  her  expenses 
should  be  repaid  at  the  conclusion  of  the  war, 
and  in  the  mean  time  required  several  of  the 

French  Convention,  certain    dec-  brance  of  the  conduct  of  our  min- 

larations  of  a   minister  of   Louis  isters  in  the  negotiations  for  peace, 

XVI.,  Count  Montmorin,  unfavor-  which,  there  is  reason  to  believe, 

able  to  the  consolidation  and  de-  had  made  so  deep  an  impression 

velopment  of  the   power   of  the  even   upon    the   steady   mind   of 

United  States.   These  declarations,  Count  de  Vergennes   as  to  have 

whatever  may  have  been  their  true  modified  materially,  after  the  close 

import,  it  must  be  recollected,  were  of  the  war,  his  long-cherished  po- 

several  years  posterior  to  the  time  litical  system  with   regard  to  the 

of  which  we    are   now  speaking,  relations  of  France  and  America. 

They  were  probably  produced,  in  See  Histoire  de  la  Louisiane,  par 

no  small  degree,  by  the  re;neiii-  M.  Marbois,  p.  164. 


SERVICES   AND   CONDUCT   OF  FRANCE.        375 

towns  and  fortresses  of  Holland  to  be  placed  in 
her  hands  as  security  for  the  payment.  France, 
on  the  contrary,  in  the  war  for  American  inde 
pendence, —  which  she  boldly  guaranteed  from 
the  outset,  along  with  the  territorial  integrity  of 
the  States,  —  not  only  bore  the  whole  charge  of 
her  military  and  naval  armaments,  immense  as 
they  were,  but  in  several  instances  made  gratu 
itous  advances  for  the  support  of  the  army  of 
her  ally. 

Of  the  value  and  vital  importance  of  the  coop 
eration  of  France  in  the  achievement  of  Amer 
ican  independence,  it  would  be  unmanly  to  at 
tempt  to  disguise,  either  from  ourselves  or  the 
world,  the  multiplied  proofs  with  which  the  au 
thentic  records  of  the  struggle  abound.  Those 
records  all  conspire  to  show  there  were  two 
things  which  were  the  indispensable  conditions 
of  success:  money  to  supply  the  exhaustion  of 
the  national  finances,  and  a  naval  ascendency  to 
insure  the  command  of  the  water.  Both  of  these 
resources  were,  at  the  critical  moment,  derived 
from  the  friendship  and  policy  of  France. 

Nor,  in  a  review  of  the  interesting  relations 
of  the  two  countries  at  so  eventful  an  epoch  in 
the  history  of  both,  ought  we  to  confine  our 
selves  to  the  ordinary  calculations  of  an  official 
state  policy.  However  great  the  influence  which 
such  considerations  doubtless  had  in  ultimately 
determining  the  course  of  the  French  government, 
it  is  an  unquestionable  fact  that  in  the  French 


376 


LIFE  AND  TIMES   OF  MADISON. 


nation  itself  there  was  an  enthusiastic  and  gener 
ous  sympathy  with  America,  —  bravely  contend 
ing  against  oppression,  —  which  reacted  upon  and 
infused  itself  into  the  cabinet  and  the  court. 

With  these  recollections  present  to  the  mind, 
one  cannot  but  subscribe  to  the  sentiment  ex 
pressed  at  the  close  of  the  war,  by  the  gallant 
Lafayette,  who  bore  a  filial  relation  to  both 
countries.  "  As  a  Frenchman,"  he  said,  "  whose 
heart  beats  with  patriotism,  I  am  proud  of  the 
part  which  France  has  acted,  and  of  the  alliance 
she  made.  As  an  American,  I  freely  acknowl 
edge  the  obligation  due  to  her;  and  in  that  I 
believe  consists  true  dignity."  l 


1  Comme  un  Fran^ais,  dont  le 
coeur  brule  de  patriotisme,  je  me 


ces  envoyes  d'un  peuple  en  in 
surrection  centre  son  monarque." 
Their  simplicity  of  dress,  and  un 
affected  but  dignified  demeanour, 
contrasted  with  the  magnificence 


rejouis  du  role  que  la  France  a 

joue,  et  de  Palliance  qu'elle  a  fait. 

Comme    Americain,  je   reconnais 

1'obligation,  et  je  crois  qu'en  cela     and  artificial   forms  of  Versailles 

consiste  la  vraie  dignite."     Lett,  to     and  Paris,  gave  them,  he  says,  "  cet 

W.   Carmichael   in    Memoires   de 

Lafayette,  vol.  u.  pp.  51,  52. 


Among  the   French  contempo 
rary  writers,  witnesses  of  the  en- 


air  antique  qui  semblait  transporter 
tout-a-coup  dans  nos  niurs,  au  mi 
lieu  de  la  civilisation  amollie  et 
servile  du  dix-huitieme  siecle, 


the  one  who  has  furnished  us  the 
most  striking  details.   He  has  o-iven 


thusiasm  of  their  countrymen  in-  quelques  sages  contemporains  de 
spired  by  the  American  Revolu-  Platon,  ou  des  republicans  du 
tion,  Count  de  Segur  is  perhaps  temps  de  Caton  et  de  Fabius " ; 

and  even  before  their  official  rec 
ognition  by  the  government,  "  on 

particularly  a   lively  and  graphic     voyait  chaque  jour  accourir  dans 

leurs  maisons,  avec  empressement, 
les  hommes  les  plus  distingues  de 
la  capitale  et  de  la  cour,  ainsi  que 
tous  les  philosophes,  les  savans  et 
les  litterateurs  les  plus  celebres." 


picture  of  the  interest  and  admira 
tion  which  everywhere  followed 
Franklin  and  his  colleagues  on 
their  arrival  in  France.  "  II  serait 
difficile,"  he  says,  "d'exprimer  avec 


quel  empressement,  avec  quelle  fa-    Memoires  de  Segur,  vol.  i.  pp.  108- 
veur  furent  accueillis  en  France,     110. 
au  sein  d'une  vieille  monarchic. 


CHAPTER    XIII. 

News  received  of  the  Signing  at  Paris  of  Preliminaries  of  a  general 
Peace  —  Cessation  of  Hostilities  proclaimed  by  Congress  —  Ques 
tion  raised  as  to  Necessity  of  a  formal  Ratification  of  the  Provis 
ional  Articles  between  Great  Britain  and  the  United  States  —  Also 
as  to  the  Propriety  of  an  immediate  Release  of  Prisoners  —  Report 
of  Committee  on  these  Questions  by  Mr.  Madison,  Colonel  Hamil 
ton  dissenting  —  Improvident  Decision  of  Congress  —  Discontents 
of  the  Army  —  Petition  and  Address  of  Officers  to  Congress  — 
Interview  between  Deputies  of  the  Army  and  Grand  Committee  of 
Congress  —  Report  of  Grand  Committee  —  Difference  of  Opinion 
on  Subject  of  Half-Pay  and  Commutation  —  Mr.  Madison  vindi 
cates  the  Claims  of  the  Army  —  Its  Discontents  increased  by  the 
Delays  of  Congress  —  Ne wburgh  Address  —  Measures  adopted  by 
Washington  —  His  Address  to  the  Meeting  of  Officers  —  Ability 
and  Magnanimity  of  his  Conduct  —  Mr.  Madison's  Account  of  the 
Impression  produced  by  it  in  Congress  —  Interference  of  civil 
Creditors  to  foment  Discontents  of  the  Army  sternly  reproved  by 
Washington  —  Correspondence  between  Colonel  Plamilton  and 
Washington  on  the  Subject  —  Conduct  of  Mr.  Morris,  Superin 
tendent  of  Finance,  gives  Rise  to  Dissatisfaction  —  Sentiments  of 
Mr.  Madison. 

ON  the  receipt  of  the  intelligence  that  the  pre 
liminaries  of  a  general  peace  had  been  signed  be 
tween  all  the  belligerents  at  Paris,  —  an  event 

32* 


378  LIFE   AND  TIMES   OF  MADISON. 

on  which  the  effect  of  the  provisional  articles 
between  the  United  States  and  Great  Britain 
was  generally  understood  to  be  suspended, — 
great  impatience  was  manifested  by  Congress  to 
realize  the  pacific  results  of  the  arrangement. 
On  the  24th  of  March,  1783,  the  day  after  the 
arrival  of  the  intelligence,  a  resolution  was  passed, 
directing  the  agent  of  the  marine  to  recall  all 
armed  vessels  cruising  under  commissions  from 
the  United  States.  A  letter  was  also  addressed 
by  the  secretary  of  foreign  affairs  to  Sir  Guy  Carle- 
ton  and  Admiral  Digby,  communicating  to  them, 
by  authority  of  Congress,  a  copy  of  this  resolu 
tion,  and  inviting  corresponding  measures  on  their 
part  for  arresting  further  hostilities  at  sea  as  well 
as  on  land.1 

Congress  was  soon  made  sensible  of  the  pre 
cipitation  with  which  they  had  moved  in  this 
matter  by  letters  from  the  British  commanders, 
declining  to  act  upon  the  communication  made 
to  them,  until  they  had  received  official  accounts 
and  orders  from  home.  On  the  10th  of  April, 
other  letters  of  General  Carleton  and  Admiral 
Digby  were  laid  before  Congress,  announcing  the 
receipt  by  them  of  instructions  from  their  own 
government  for  a  cessation  of  arms,  both  by  sea 
and  land.2  At  the  same  time,  a  communication 
came  from  Dr.  Franklin  and  Mr.  Adams,  inclos- 

1  See  Madison  Debates,  vol.  I.  of  foreign  affairs  and  the  British 
pp.  427,  428.  commanders,  see  Diplomatic   Cor- 

2  For  all  the  letters  above  re-  respondence  of  the  American  Rev- 
ferred   to  between  the   secretary  olution,  vol.  n.  pp.  819-329. 


CESSATION   OF  HOSTILITIES.  379 

ing  a  declaration  which  had  been  entered  into 
between  them  and  the  British  minister  at  Paris, 
for  applying  to  the  United  States  the  same  epochs 
for  the  suspension  of  hostilities  that  had  been 
agreed  upon  between  Great  Britain  and  France.1 
Congress,  on  the  following  day,  proclaimed  in 
due  form  a  cessation  of  hostilities,  to  take  effect 
in  conformity  to  that  declaration. 

After  these  proceedings,  other  embarrassing 
questions  arose,  as  to  the  true  construction  of 
the  provisional  articles  with  regard  to  the  time 
for  a  mutual  release  of  prisoners  of  war,  and 
also  as  to  the  necessity  and  propriety  of  a  formal 
ratification  of  those  articles  by  Congress.  These 
questions  were  referred  to  a  committee  consist 
ing  of  Mr.  Madison,  Mr.  Peters  of  Pennsylvania, 
-and  Colonel  Hamilton.  Mr.  Madison  and  Mr. 
Peters,  forming  a  majority  of  the  committee,  were 
of  opinion  that  as  there  wras  no  express  provision 
in  the  articles  for  their  ratification,  and  as  they 
constituted  merely  a  basis  upon  which  a  future 
definitive  treaty  was  to  be  concluded,  which 
treaty,  when  concluded,  would  require  to  be  rat 
ified,  there  was  neither  propriety  nor  necessity 
for  a  ratification  of  the  provisional  articles.  Such 
a  ratification,  they  thought  also,  was  positively 
objectionable,  as  it  would  be  considered  as  oblig 
ing  Congress  to  an  immediate  fulfilment  of  all 
the  stipulations  contained  in  the  articles,  before 

1  See  Diplomatic  Correspondence  of  the  American  Revolution,  voL 
X.  pp.  121,  122.     Also  Madison  Debates,  vol.  i.  pp.  437,  438. 


380  LIFE  AND   TIMES   OF  MADISON. 

there  was  any  evidence  that  a  corresponding 
obligation  would  be  assumed  by  the  other  party. 

A  release  of  the  prisoners  of  war  held  by  the 
United  States  would,  under  these  circumstances, 
they  thought,  be  premature  and  inexpedient,  and 
surrender  an  important  security  for  the  fulfilment 
of  the  stipulations  entered  into  on  the  part  of 
Great  Britain. 

These  wise  conclusions  were  presented  to  Con 
gress  in  a  lucid  report  drawn  by  Mr.  Madison,1  but 
were  overruled  by  the  prevailing  impatience  of 
the  body  to  consummate,  at  once  and  at  all 
hazards,  the  arrangements  entered  into  for  the 
return  of  peace.  On  the  15th  of  April,  1783, 
resolutions  were  passed  in  favor  of  a  formal  rat 
ification  of  the  provisional  articles,  and  directing 
the  agent  of  marine  to  cause  the  naval  prison 
ers  to  be  set  at  liberty,  and  the  secretary  of  war, 
in  conjunction  with  the  commander-in-chief,  to 
take  measures  for  setting  at  liberty  all  land  pris 


oners.2 


Colonel  Hamilton,  who  had  dissented  from  the 
report  of  the  committee,  upon  farther  reflection 
changed  his  opinion  as  to  the  construction  of  the 
provisional  articles  respecting  the  release  of  pris 
oners  of  war,  and  moved  on  the  following  day 
a  modification  of  the  resolution  which  had  been 
adopted  on  that  subject,  by  varying  the  direction 

l  See  the  report,  and  discussion  2  See  Journals  of  Congress,  vol. 
upon  it,  in  Madison  Debates,  vol.  I.  iv.  pp.  187,  188,  and  Secret  Jour- 
pp.  440-443.  nals,  vol.  in.  pp.  327  338 


RELEASE   OF  PRISONERS. 


381 


to  the  commander-in-chief  from  positive  and  un 
conditional  measures  for  setting  the  prisoners  at 
liberty  to  "preparatory  arrangements  relative  to 
the  7th  article  of  the  treaty."1  The  motion  re 
ceived  the  votes  of  a  majority  of  the  States  in 
Congress,  but  not  the  requisite  number,  under 
the  articles  of  confederation,  to  give  it  effect. 
The  consequences  of  the  improvident  action  of 
Congress,  which  was  deprecated  at  the  time  by 
the  good  sense  and  sagacity  of  Washington,2  were 
soon  shown  in  delays  and  evasions  in  the  ex 
ecution  of  the  articles  on  the  side  of  Great  Brit- 
and  months  yet  elapsed,  as  we  shall  see, 

we  had  no  option  in  the  first,  Con* 
gress  wishing  to  be  eased  of  the 
expense  as  soon  as  possible,  I  act 
ed  solely  on  that  ground.  At  the 
same  time,  I  scruple  not  to  confess 
to  you  that,  if  this  measure  was  not 
dictated  by  necessity,  it  is,  in  my 
opinion,  an  impolitic  one,  as  we 
place  ourselves  in  the  power  of  the 
British  before  the  treaty  is  defini 
tive."  See  letter  in  Ham.  Hist. 
Am.  Rep.  vol.  n.  p.  510.  The  re 
sult  was,  that  the  British,  having 
obtained  an  immediate  and  uncon 
ditional  release  of  all  their  prison 
ers  in  the  hands  of  the  Americans, 
became  totally  careless  in  the  exe 
cution  of  other  stipulations  on  their 
part,  and  violated  one  of  them 
particularly  in  a  manner  so  open 
as  to  lead  to  a  very  pointed  and 
vigorous  protest  from  Gen.  Wash 
ington  to  Sir  Guy  Carleton.  See 
Sparks's  Washington,  vol.  vm 
pp.  431,  432. 


am 


1  See  Madison  Debates,  vol.  i. 
p.  444,  and  Journals  of  Congress, 
vol.  iv.  p.  188. 

2  In  a  letter  to  Colonel  Hamil 
ton,  dated  the  22d  of  April,  1783, 
he  says  :  — 

"  I  did  not  receive  your  let 
ter  of  15th  instant  until  after  my 
return  from  Ringwood,  where  I 
had  a  meeting  with  the  secretary 
of  war,  for  the  purpose  of  making 
arrangements  for  the  release  of  our 
prisoners,  agreeably  to  the  resolve 
of  Congress  of  the  fifteenth  instant. 
Finding  a  diversity  of  opinion  re 
specting  the  treaty,  and  the  line  of 
conduct  we  ought  to  observe  with 
the  prisoners,  I  requested,  in  pre 
cise  terms,  to  know  from  General 
Lincoln,  (before  I  entered  on  the 
business,)  whether  we  were  to  ex 
ercise  our  own  judgment  as  to  the 
time,  as  well  as  mode,,  of  releasing 
them,  or  were  to  be  confined  to 
the  latter.  Being  informed  that 


382  LIFE   AND  TIMES   OF  MADISON. 

before  the  uncertainties  of  an  armistice  weie  ter 
minated  by  a  definitive  treaty  of  peace. 

The  transition  from  war  to  peace,  in  civil  con 
vulsions  especially,  is  often  attended  with  as 
many  dangers  to  the  public  liberty  and  safety 
as  that  from  peace  to  war.  In  the  case  of  the 
United  States,  it  was  rendered  peculiarly  difficult 
and  critical  by  the  distresses  and  unrequited  suf 
ferings  of  the  army.  We  have  seen  the  extrem 
ities  of  destitution  and  almost  of  famine  to  which, 
on  more  than  one  occasion,  they  were  reduced 
by  the  want  of  adequate  means  at  the  disposal 
of  Congress  for  their  support.  They  had  often 
been  compelled  to  accept  their  pay  in  depreciat 
ed  paper-money,  which  the  necessities  of  their  fam 
ilies,  or  their  own,  obliged  them  to  part  with  at  any 
sacrifice,  however  ruinous;  and  large  arrearages 
were  now  due  to  them,  for  which  they  had  re 
ceived  no  satisfaction  whatever,  real  or  nominal. 

The  half-pay  for  life,  promised  to  the  officers  by  a 
solemn  resolution  of  Congress,  seemed  likely  to 
prove  illusory,  from  the  want  of  any  permanent 
and  adequate  national  fund  to  secure  its  pay 
ment  ;  and  the  grant  itself  was  becoming  odious 
to  many,  as  constituting  its  recipients,  in  their 
estimation,  a  sort  of  privileged  class.  There  had 
always  been  in  Congress  a  party  morbidly  jeal 
ous  of  the  army,  not  even  excepting  from  their 
distrust  the  illustrious  commander-in-chief ;  and 
this  party  had  its  ramifications  in  some  of  the 
most  powerful  and  influential  of  the  States. 


MEMORIAL   OF  ARMY  TO   CONGRESS.          383 

The  suspension  of  all  active  military  opera 
tions,  since  the  first  news  of  the  opening  of  ne 
gotiations  for  peace  at  Paris,  had  given  the  army 
leisure  to  reflect  upon  its  situation,  and  produced 
a  corresponding  uneasiness  as  to  the  destitute 
and  impoverished  condition  in  which  it  might  be 
left  at  the  period  of  its  disbandment. 

Under  these  circumstances,  a  meeting  was  held 
by  the  officers  in  their  cantonments  at  Newburgh, 
in  December,  1782,  and  an  "address  and  peti 
tion,"  on  behalf  of  the  soldiers  and  themselves, 
was  agreed  upon  and  signed.  This  paper,  distin 
guished  alike  by  its  deferential  and  its  dignified 
tone,  exhibited  the  erect  spirit  of  freemen,  con 
scious  both  of  their  sufferings  and  their  deserts. 
It  summed  up,  in  the  following  impressive  terms, 
the  grounds  and  motives  of  their  appeal :  — 

"At  this  period  of  the  war,  it  is  with  peculiar 
pain  we  find  ourselves  constrained  to  address 
your  august  body  on  matters  of  a  pecuniary  na 
ture.  We  have  struggled  with  our  difficulties 
year  after  year,  under  the  hopes  that  each  would 
be  the  last ;  but  we  have  been  disappointed.  We 
find  our  embarrassments  thicken  so  fast,  and  have 
become  so  complex,  that  many  of  us  are  unable 
to  go  further.  In  this  exigence,  we  apply  to 
'Congress  for  relief  as  our  head  and  sovereign 

"  To  prove  that  our  hardships  are  exceedingly 
disproportionate  to  those  of  any  other  citizens 
of  America,  let  a  recurrence  be  had  to  the  pay 
master's  accounts  for  the  last  four  years.  If  to 


384  LIFE   AND  TIMES   OF  MADISON. 

this  it  should  be  objected  that  the  respective 
States  have  made  settlements  and  given  securi 
ties  for  the  pay  due  for  part  of  that  time,  let 
the  present  value  of  those  nominal  obligations 
be  ascertained  by  the  moneyed  men,  and  they 
will  be  found  little  indeed  ;  and  yet,  trifling  as 
they  are,  many  have  been  under  the  sad  neces 
sity  of  parting  with  them,  to  prevent  their  fam 
ilies  from  actually  starving.  We  complain  that 
shadows  have  been  offered  to  us,  while  the  sub 
stance  has  been  gleaned  by  others.  Our  situa 
tion  compels  us  to  search  for  the  cause  of  our 
extreme  poverty.  The  citizens  murmur  at  the 
greatness  of  their  taxes,  and  are  astonished  that 
no  part  reaches  the  army.  The  numerous  de 
mands  which  are  between  the  first  collectors  and 
the  soldiers  swallow  up  the  whole. 

"Our  distresses  are  now  brought  to  a  point. 
We  have  borne  all  that  men  can  bear,  —  our 
property  is  expended,  our  private  resources  are 
at  an  end,  and  our  friends  are  wearied  and  dis 
gusted  with  our  incessant  applications.  We  there 
fore  most  seriously  and  earnestly  beg  that  a 
supply  of  money  may  be  forwarded  to  the  army 
as  soon  as  possible.  The  uneasiness  of  the  sol 
diers  for  the  want  of  pay  is  great  and  danger 
ous;  any  further  experiment  upon  their  patience 
may  have  fatal  effects." 

The  memorialists,  after  mentioning  the  large 
arrearages  due  to  the  army  for  deficiencies  in 
clothing  and  provisions,  as  well  as  for  pay,  pro 
ceed: — 


MEMORIAL  OF  ARMY  TO  CONGRESS.    385 

"Whenever  there  has  been  a  real  want  of 
means,  any  defect  in  system,  or  neglect  in  exe 
cution  in  the  departments  of  the  army,  we  have 
invariably  been  the  sufferers,  by  hunger  and  na 
kedness  and  by  languishing  in  a  hospital.  We 
beg  leave  to  urge  an  immediate  adjustment  of 
all  dues ;  that  as  great  a  part  as  possible  be 
paid,  and  the  remainder  put  on  such  a  footing 
as  will  restore  cheerfulness  to  the  army,  revive 
confidence  in  the  justice  and  generosity  of  its 
constituents,  and  contribute  to  the  very  desirable 
effect  of  reestablishing  public  credit." 

With  regard  to  the  half-pay  for  life  promised 
by  Congress,  they  say :  "  We  see  with  chagrin 
the  odious  point  of  view  in  which  the  citizens 
of  too  many  of  the  States  endeavour  to  place 
the  men  entitled  to  it.  We  hope,  for  the  honor 
of  human  nature,  that  there  are  none  so  hard 
ened  in  the  sin  of  ingratitude  as  to  deny  the 
justice  of  the  reward.  We  have  reason  to  be 
lieve  that  the  objection  generally  is  against  the 
mode  of  the  reward.  To  prevent,  therefore,  any 
altercations  and  distinctions  which  may  tend  to 
injure  that  harmony  which  we  ardently  desire 
may  reign  throughout  the  community,  we  are. 
willing  to  commute  the  half-pay  pledged  for  full 
pay  for  a  certain  number  of  years,  or  for  a  sum 
in  gross,  as  shall  be  agreed  to  by  the  committee 
sent  with  this  address." 

They  then  conclude  their  appeal  in  these  words : 

"To   the   representation    now  made,  the   army 

VOL.   I.  33 


386  LIFE  AND  TIMES   OF  MADISON. 

have  not  a  doubt  that  Congress  will  pay  all  that 
attention  which  the  serious  nature  of  it  requires. 
It  would  be  criinmal  in  the  officers  to  conceal 
the  general  dissatisfaction  which  prevails,  and  is 
gaining  ground  in  the  army,  from  the  pressure 
of  evils  and  injuries  which,  in  the  course  of  seven 
long  years,  have  made  their  condition  in  many 
instances  wretched.  They  therefore  entreat  that 
Congress,  to  convince  the  army  and  the  world 
that  the  independence  of  America  shall  not  be 
placed  on  the  ruin  of  any  particular  class  of  her 
citizens,  will  point  out  a  mode  for  immediate 
redress." ] 

General  McDougall,  Colonel  Ogden,  and  Colo 
nel  Brooks  were  appointed  by  the  meeting  of 
officers  a  committee  to  take  charge  of  their  me 
morial,  to  present  it  to  Congress,  and  to  support 
it  by  their  personal  representations  and  influence. 
The  memorial  was  presented  on  the  6th  of  Jan 
uary,  1783;  and  as  a  mark  of  the  consideration 
due  to  both  the  source  and  the  subject  of  it,  it 
was  referred  to  a  grand  committee,  consisting  of 
one  member  for  each  State.  The  grand  commitr 
tee  appointed  an  early  day  for  giving  audience 
to  the  deputies  of  the  army ;  when  they  severally 
entered  into  explanations  and  details  with  regard 
to  the  feelings  and  grievances  of  their  constitu 
ents,  which,  could  not  but  add  to  the  sense 
already  felt  of  the  extreme  gravity  of  the  con- 

1  See  the  memorial  at  length  in  Journals  of  Congress,  vol.  iv.  pp. 
206-208. 


REPORT   OF   GRAND   COMMITTEE.  387 

juncture.1  A  sub-committee  of  three  members 
was  appointed  to  consider  and  report  to  the 
grand  committee  the  measures  which  it  would 
be  proper  to  recommend  to  Congress  for  their 
adoption. 

Of  this  sub-committee,  as  well  as  of  the  grand 
I  committee,  Mr.  Madison  was  a  member.  The  re 
port  made  was  taken  up  for  consideration  in 
Congress  on  the  24th  of  January;  and  on  that 
and  the  following  day  resolutions  were  adopted, 
in  pursuance  of  the  recommendation  of  the  com 
mittee,  for  making  an  immediate  advance  of 
one  month's  pay  to  the  army,  and  declaring,  in 
reference  to  the  arrearages  which  should  be 
found  due  on  a  settlement  of  accounts,  that  the 
troops,  in  common  with  the  other  creditors  of 
the  United  States,  have  an  undoubted  right  to 
expect  that  adequate  and  substantial  funds  will 
be  obtained  by  Congress  from  the  respective 
States,  as  a  security  for  their  ultimate  payment. 

With  regard  to  half-pay,  the  committee  recom 
mended  that  it  be  left  to  the  option  of  the  offi 
cers  to  preserve  their  claim  to  half-pay  for  life, 
as  provided  by  previous  resolutions  of  Congress, 
or  to  accept,  in  lieu  of  it,  full  pay  for  a  de 
terminate  number  of  years;  the  amount  so  as 
certained  to  be  paid  one  year  after  the  con 
clusion  of  the  war  in  money,  or  placed  upon 
good  funded  security,  bearing  six  per  cent,  inter 
est.  In  acting  upon  this  recommendation  of  the 

1  See  Madison  Debates,  vol.  i.  pp.  256-259. 


388  LIFE   AND    TIMES   OF  MADISON. 

committee,  (a  difference  of  opinion  occurring  as 
to  what  number  of  years'  full  pay  is  the  fair 
equivalent  of  half-pay  for  life,)  the  subject  was 
referred  to  a  special  committee,  upon  whose  re 
port  it  was  proposed,  on  the  4th  of  February, 
to  fix  the  number  of  years'  full  pay  at  five  and 
a  imif?  —  that  rate  of  commutation  being  deduced 
from  Dr.  Price's  Table  of  Annuities.  This  prop 
osition  was  negatived;  as  were  others  indicating, 
severally,  different  rates  of  commutation. 

It  appeared  that  the  Eastern  States  and  New 
Jersey  were  hostile,  in  principle,  to  the  promise 
which  had  been  made  of  half-pay  for  life;  and 
the  validity  of  the  act  itself  was  even  questioned, 
as,  having  passed  before  the  completion  of  the 
articles  of  confederation,  it  was  carried  by  a  vote 
of  less  than  seven  States.  This  objection  was 
warmly  replied  to  by  Mr.  Madison,  who  said,- 

"  The  act  was  valid,  because  it  was  decided 
according  to  the  rule  then  in  force ;  and  that,  as 
the  officers  had  served  under  it,  justice  corrobo 
rated  it ;  and  he  was  astonished  to  hear  those 
principles  controverted.  He  was  also  astonished 
to  hear  objections  against  a  commutation  come 
from  States,  in  compliance  with  whose  objections 
against  half-pay  itself  this  expedient  had  been 
substituted." * 

In  this  discordance  of  opinions,  it  was  thought 
best  to  let  the  subject  lie  over  for  farther  con 
sideration. 

1  See  Madison  Debates,  vol.  I.  p.  320. 


PRIVATE   CONSULTATIONS  IN   CONGRESS.      389 

In  the  mean  time,  the  discontents  of  the  army 
were  daily  heightened  by  the  opposition  and  de 
lays  which  a  claim,  so  indisputably  just  in  their 
estimation,  met  with  in  Congress.  Mr.  Madison 
records  a  conversation  of  great  interest  and  im 
portance  which  took  place  among  half  a  dozen 
members  of  Congress,  assembled  at  the  house  of 
one  of  them,  on  the  20th  of  February,  1783,  to 
exchange  views  on  some  matters  of  critical  mo 
ment  then  depending  before  Congress,  and  espe 
cially  the  situation  of  the  army. 

"  Mr.  Hamilton  and  Mr.  Peters,"  he  says,  "  who 
[having  been  themselves  officers]  had  the  best 
knowledge  of  the  temper,  transactions,  and  views 
of  the  army,  informed  the  company  that  it  wras 
certain  that  the  army  had  secretly  determined 
not  to  lay  down  their  arms  until  due  provision 
and  a  satisfactory  prospect  should  be  afforded  on 
the  subject  of  their  pay;  that  there  was  reason 
to  expect  a  public  declaration  to  this  effect  would 
soon  be  made  ;  that  plans  had  been  agitated,  if 
not  formed,  for  subsisting  themselves  after  such 
declaration  ;  that,  as  a  proof  of  their  earnestness 
on  this  subject,  the  commander  was  already  be 
come  extremely  unpopular  among  almost  all 
ranks,  from  his  known  dislike  to  every  unlawful 
proceeding;  that  this  unpopularity  was  daily  in 
creasing,  and  industriously  promoted  by  many 
leading  characters ;  that  his  choice  of  unfit  and 
indiscreet  persons  into  his  family  was  the  pre 
text,  and  with  some  the  motive,  but  the  substan- 

33* 


390  LIFE    AND   TIMES   OF  MADISON. 

tial  one  a  desire  to  displace  him  from  the  respect 
and  confidence  of  the  army,  in  order  to  substi 
tute  General  < as  the  conductor  of  their 

efforts  to  obtain  justice."  l 

On  the  25th  of  February,  the  report  of  the 
committee  on  the  subject  of  half-pay  for  life  and 
the  proposed  commutation  for  it  was  taken  up; 
when  a  motion  was  made  by  Mr.  Oilman  of  New 
Hampshire,  seconded  by  Mr.  Condict  of  New  Jer 
sey,  to  refer  the  officers  of  the  army  to  their 
respective  States  for  a  settlement  of  their  claims 
under  the  provision  of  Congress.  The  proposi 
tion,  though  favored  by  the  same  States  which 
had  heretofore  shown  their  hostility  to  the  half-pay 
establishment,  was  negatived  by  a  majority  of 
States.  On  the  following  day,  the  rate  of  the 
proposed  commutation  was,  on  the  question  for 
filling  the  blank  in  the  report,  fixed  at  five  years' 
full  pay.2  The  consideration  of  the  subject  was 
resumed  on  the  28th  of  February;  when,  after 
another  abortive  effort  to  refer  the  several  lines 
of  the  army  to  their  respective  States  for  the 
adjustment  of  the  claim  to  half-pay,  the  question 
was  finally  put  on  agreeing  to  the  report  in 
favor  of  a  commutation  of  five  years'  full  pay. 
Seven  States  only  voted  in  the  affirmative ;  and 
as  the  articles  of  confederation  required  the  as- 

1  See  Madison  Debates,  vol.  I.     pp.  358,  359,  and  Journals  of  Con- 
pp.  350,  351.  gress,  vol.  iv.  pp.  166,  167,  and 

*  See  Madison  Debates,  vol.  i.     168. 


SEDITIOUS  APPEAL  TO   ARMY.  391 

sent  of  nine,  in  all  cases  of  pecuniary  charge  or 
appropriation,  the  question  was  lost.1 

On  the  receipt  of  a  communication  from  its 
deputies  in  Philadelphia,  giving  an  account  of 
these  proceedings,  the  dissatisfaction  of  the  army 
rose  to  a  pitch  of  great  excitement ;  and  there 
were  not  wanting  those  who  stood  ready  and 
eager  to  fan  the  flame.  On  the  10th  of  March, 
an  anonymous  call  was  circulated  for  a  general 
meeting  of  the  officers  the  following  day,  "  to 
consider  the  late  letter  from  our  representatives 
in  Philadelphia,  and  what  measures,  if  any,  should 
be  adopted  to  obtain  that  redress  of  grievances, 
which  they  seem  to  have  solicited  in  vain." 

At  the  same  time,  an  anonymous  address  was 
issued  to  the  officers  of  the  army,  professing  to 
come  from  a  "fellow-soldier,"  who  had  shared 
their  sufferings  and  was  involved  in  a  common 
fortune  with  them ;  presenting  a  highly  wrought 
and  glowing  picture  of  their  wrongs,  and  of  the 
neglect  and  injustice  with  which  they  had  been 
treated ;  calling  upon  them  to  carry  their  appeal 
from  the  justice  to  the  fears  of  the  government, 
and  to  suspect  the  man  who  would  advise  to 
more  moderation  and  longer  forbearance  ;  —  in 
the  event  of  peace,  not  to  separate  from  their 
arms  until  justice  was  done  them ;  and  should 
war  continue,  it  concluded,  "  courting  the  auspices 
and  inviting  the  direction  of  your  illustrious 

1  Madison  Debates,  vol.  I.  pp.  365,  366,  and  368,  369,  and  Journals, 
vol.  IV.  pp.  168,  169. 


392  LIFE   AND  TIMES   OF  MADISON. 

leader,  you  will  retire  to  some  unsettled  country, 
smile  in  your  turn,  and  'mock  when  their  fear 
cometh  on.' >! 

There  was  unfortunately  too  much  of  founda 
tion  for  many  of  the  representations  of  fact  con 
tained  in  this  address ;  and  far  too  keen  a  sense 
of  suffering  and  neglect  in  the  army  to  render 
it  either  prudent  or  just  for  the  commander-in- 
chief  to  oppose  himself  to  any  regular  and  proper 
method  of  setting  forth  their  complaints.  While, 
therefore,  in  general  orders  issued  the  following 
day,  he  expressed  his  disapprobation  of  the  call 
which  had  been  made  as  irregular  and  disor 
derly,  he  himself  convened  a  general  meeting  of 
the  officers  to  take  place  a  few  days  later,  to 
receive  the  report  of  their  deputies  to  Congress, 
to  deliberate  maturely  on  the  measures  "  most 
rational  and  best  calculated  to  attain  the  just 
and  important  object  in  view,"  and  to  report, 
through  the  senior  officer  in  rank,  (who  was  re 
quested  to  preside  on  the  occasion,)  the  result 
of  their  deliberations  to  him. 

The  meeting  took  place  on  the  15th  of  March. 
General  Gates,  as  the  senior  officer  in  rank,  pre 
sided.  The  commander-in-chief,  who  had  not 
failed  to  avail  himself  of  the  precious  interval 
of  four  days,  between  the  date  of  his  general 
orders  and  the  assemblage  of  the  officers,  to 
breathe  into  them  individually,  as  far  as  possible, 
his  own  patriotic  and  magnanimous  spirit,  attend 
ed  the  meeting ;  and  upon  its  opening,  begged 
permission  to  address  it. 


WASHINGTON'S   SPEECH   TO   OFFICERS.        393 

After  animadverting  with  just  severity  upon 
the  arrogant  and  reckless  tone  of  the  anonymous 
address,  which  had  denounced  as  an  object  of 
suspicion  the  man  who  should  counsel  moderation 
and  forbearance,  he  spoke  of  his  long  and  inti 
mate  and  endearing  relations  to  the  army. 

"  If  my  conduct  heretofore,"  he  said,  "  has  not 
evinced  to  you  that  I  have  been  a  faithful  friend 
to  the  army,  my  declaration  of  it  at  this  time 
would  be  equally  unavailing  and  improper.  But 
as  I  was  among  the  first  who  embarked  in  the 
cause  of  our  common  country ;  as  I  have  never 
left  your  side  one  moment,  but  when  called 
from  you  on  public  business ;  as  I  have  been 
the  constant  companion  and  witness  of  your  dis 
tresses,  and  not  among  the  last  to  feel  and  ac 
knowledge  your  merits ;  as  I  have  ever  consid 
ered  my  own  military  reputation  as  inseparably 
connected  with  that  of  the  army;  as  my  heart 
has  ever  expanded  with  joy  when  I  have  heard 
its  praises,  and  my  indignation  has  arisen  when 
the  mouth  of  detraction  has  been  opened  against 
it,  it  can  scarcely  be  supposed,  at  this  last  stage 
of  the  war,  that  I  can  be  indifferent  to  its  inter 
ests." 

He  then  proceeded  to  demand  with  earnest 
ness,  "But  how  are  those  interests  to  be  pro 
moted  ?  The  way  is  plain,  says  the  anonymous 
addresser.  'If  war  continues,  remove  into  the 
unsettled  country ;  there  establish  yourselves,  and 
leave  an  ungrateful  country  to  defend  itsel£' 


394  LIFE  AND  TIMES   OF  MADISON. 

But  whom  are  they  to  defend?  our  wives,  our 
children,  our  farms  and  other  property,  which  we 
leave  behind  us  ?  Or,  in  this  state  of  hostile 
separation,  are  we  to  take  the  first  two,  (the 
latter  cannot  be  removed,)  to  perish  in  a  wilder 
ness  with  hunger,  cold  and  nakedness? 

"'If  peace  takes  place,  never  sheathe  your 
swords,'  says  he,  *  until  you  have  obtained  full 
and  ample  justice/  This  dreadful  alternative  of 
either  deserting  our  country  in  the  extremest 
hour  of  her  distress,  or  of  turning  our  arms 
against  her,  (which  is  the  apparent  object,  un 
less  Congress  can  be  compelled  into  instant  com 
pliance,)  has  something  so  shocking  in  it  that 
humanity  revolts  at  the  idea.  My  God!  what 
can  this  writer  have  in  view  by  recommending 
such  measures  ?  Can  he  be  a  friend  to  the  army  ? 
Can  he  be  a  friend  to  this  country?  Rather,  is 
he  not  an  insidious  foe?  —  some  emissary,  per 
haps,  from  New  York,  plotting  the  ruin  of  both 
by  sowing  the  seeds  of  discord  and  separation 
between  the  civil  and  military  powers  of  the 
continent  ?  " 

He  expressed  his  entire  conviction  that  it  was 
the  intention  of  Congress  to  do  full  justice  to 
the  claims  of  the  army,  and  that  they  would  not 
cease  in  their  endeavours  to  provide  proper  funds 
for  that  object,  until  they  had  successfully  ac 
complished  it;  and  for  himself,  he  solemnly  and 
affectionately  declared  to  the  army,  which  he 
had  so  long  had  the  honor  to  command,  that  "  in 


CLOSE   OF  WASHINGTON'S  ADDRESS.          395 

the  attainment  of  complete  justice  for  all  your 
toils  and  dangers,  and  in  the  gratification  of 
every  wish,  so  far  as  may  be  done  consistently 
with  the  great  duty  I  owe  my  country  and  those 
powers  we  are  bound  to  respect,  you  may  freely 
command  my  services  to  the  utmost  extent  oi 
my  abilities." 

He   closed  his    address  with    these   noble    and 
impressive  counsels :  — 

"Let  me  request  you  to  rely  on  the  plighted 
faith  of  your  country,  and  to  place  a  full  con 
fidence  in  the  purity  of  the  intentions  of  Con 
gress  that,  previous  to  your  dissolution  as  an 
army,  they  will  cause  all  your  accounts  to  be 
finally  liquidated,  as  directed  in  the  resolutions 
which  were  published  to  you  two  days  ago,  and 
that  they  will  adopt  the  most  effectual  measures 
in  their  power  to  render  ample  justice  to  you 
for  your  faithful  and  meritorious  services.  And- 
let  me  conjure  you,  in  the  name  of  our  common 
country,  as  you  value  your  own  sacred  honor, 
as  you  respect  the  rights  of  humanity,  and  as 
you  regard  the  military  and  national  character 
of  America,  to  express  your  utmost  horror  and 
detestation  of  the  man  who  wishes,  under  any 
specious  pretences,  to  overturn  the  liberties  of 
your  country,  and  who  wickedly  attempts  to  open 
the  floodgates  of  civil  discord,  and  deluge  our 
rising  empire  in  blood." 

Never    was    there    presented    a    spectacle    of 
greater  moral  sublimity  than  this:  the  war-worn 


396  LIFE   AND   TIMES   OF  MADISON. 

chief  and  father  of  his  country,  casting  behind 
him  every  suggestion  of  ambition ;  burying  every 
resentment ;  and  forgetting  every  wrong  either 
to  himself  or  his  army;  in  the  noble  attitude  of 
pleading  before  his  discontented,  but  to  him  de 
voted,  followers,  —  with  the  eloquent  sincerity  of 
virtue  and  patriotism,  —  the  cause  of  civil  obe 
dience,  of  social  order,  and  republican  liberty! 
The  effect  was  immediate  and  electrical. 

No  sooner  had  Washington  withdrawn,  than 
resolutions  were  unanimously  adopted  by  the  meet 
ing,  first  returning  him  their  thanks  for  his  ex 
cellent  address,  and  assuring  him  that  "  the  officers 
reciprocate  his  affectionate  expressions  with  the 
greatest  sincerity  of  which  the  human  mind  is 
capable " ;  then  expressing  their  unshaken  con 
fidence  in  the  ultimate  justice  of  Congress,  and 
requesting  the  coinmander-in-chief  to  write  to 
-that  body,  earnestly  entreating  its  most  speedy 
decision  on  the  subject  of  their  claims;  and  fi 
nally  declaring  that  "the  officers  of  the  Ameri 
can  army  view  with  abhorrence,  and  reject  with 
disdain,  the  infamous  propositions  contained  in 
the  late  anonymous  paper  addressed  to  them."1 

It  is  difficult  to  decide  whether  this  unparal 
leled  civic  victory  achieved  by  Washington  fur 
nished  the  greater  proof  of  his  virtue  or  of  his 
abilities.  In  contemplating  it,  the  mind  is  irre 
sistibly  drawn  to  the  precisely  similar  circum 
stances  in  the  history  of  the  parent  country, 

1  See  Journals  of  Congress,  vol.  iv.  pp   213-215. 


PROOF   OF  WASHINGTON'S   ABILITY.  397 

which,  differently  employed  and  taken  advantage 
of,  led  a  successful  usurper  to  absolute  power. 
A  philosophical  historian,1  in  estimating  the  abil 
ities  and  intellectual  character  of  the  usurper, 
justly  remarks  that  "to  incite  such  an  army  as 
his  to  rebellion  against  the  parliament  required 
no  uncommon  art  or  industry.  To  have  kept 
them  in  obedience  had  been  the  more  difficult 
enterprise."  It  was  this  more  difficult  enterprise 
which  the  abilities  of  Washington,  guided  and 
nerved  by  his  virtues,  so  gloriously  accomplished. 

Mr.  Madison,  in  his  diary  of  the  proceedings 
of  Congress,  has  recorded  the  profound  impres 
sion  made  upon  that  body  by  the  able  and 
magnanimous  conduct  of  the  commander-in-chief. 
"  The  steps  taken  by  the  General,"  he  says,  u  to 
avert  the  gathering  storm,  and  his  professions  of 
adherence  to  his  duty  to  Congress  and  to  his 
country,  excited  the  most  affectionate  sentiments 
towards  him."2  In  a  letter  to  a  friend,  written 
at  the  same  time,  he  says,  "the  conduct  of 
Washington  does  equal  honor  to  his  prudence 
and  his  virtue."3 

On  the  very  day,  the  22d  of  March,  that  his 
communication  transmitting  the  result  of  the 
meeting  of  the  officers  was  received  by  Con 
gress,  and  immediately  after  it  was  read,  the 
report  of  the  committee  in  favor  of  the  commu- 

1  Hume. 

2  Madison  Debates  and  Correspondence,  vol.  I.  p.  884. 

3  Idem,  p.  519. 

VOL.  I.  34 


398  LIFE   AND    TIMES   OF  MADISON. 

tation  of  five  years'  full  pay  in  lieu  of  half-pay 
for  life  was  taken  up,  and  agreed  to  by  the 
requisite  number  ,of  nine  States.1  The  lively  sat 
isfaction  of  the  army  at  this  decision  was  a  few 
days  afterwards  communicated  to  Congress  by 
the  General.* 

Thus  was  dissipated,  for  the  present,  one  of 
the  darkest  and  most  portentous  clouds  that  had 
ever  lowered  over  the  destinies  of  the  country. 
The  anxieties  which  it  and  like  critical  ques 
tions,  pending  at  the  same  moment,  produced  in 
the  minds  of  Congress,  are  vividly  portrayed  in 
the  contemporary  correspondence,  and  other  me 
morials  of  the  time.  Mr.  Madison,  writing  on 
the  day  when  the  news  arrived  of  the  commo 
tions  in  the  army,  says:  "This  alarming  intelli 
gence  from  the  army,  added  to  the  critical  situ 
ation  to  which  our  affairs  in  Europe  were  reduced 
by  the  variance  of  our  ministers  with  our  ally, 
and  to  the  difficulty  of  establishing  the  means 
of  fulfilling  the  engagements  and  securing  the 
harmony  of  the  United  States,  and  to  the  con 
fusions  apprehended  from  the  approaching  resig 
nation  of  the  superintendent  of  finance,  gave 
peculiar  awe  and  solemnity  to  the  present  mo 
ment,  and  oppressed  the  minds  of  Congress  with 
an  anxiety  and  distress,  which  had  been  scarcely 
felt  in  any  period  of  the  Revolution."3 

*  Journals  of  Congress,  vol.  iv.  384,  385.  See  also  letter  of  Colo- 

pp.  178,  179.  nel  Hamilton  to  General  Wash- 

a  See  Sparks's  Washington,  vol.  ington,  of  the  1 7th  of  March,  1788. 

Vin.  p.  409.  Hist.  Am.  Rep.  vol.  n.  p.  338. 

3  Madison  Debates,  vol.  I.  pp. 


INTRIGUE   TO   INFLAME   THE   ARMY.  399 

In  looking  back  to  this  crisis  of  danger  and 
alarm,  which  seemed  at  one  moment  to  threaten 
the  country  with  the  most  fearful  convulsions, 
we  are  led  to  inquire  whether  it  had  arisen  nat 
urally  and  spontaneously  in  the  course  of  affairs, 
or  whether  factitious  influences  had  been  em 
ployed  to  bring  it  on  and  inflame  it.  Notwith 
standing  the  hardships  and  sufferings  of  the 
army,  and  the  painful  delays  which  had  taken 
place  in  the  adjustment  of  their  claims,  they  had 
hitherto  shown  no  unreasonable  distrust  of  Con 
gress,  but  awaited  with  patience,  and  not  with 
out  hope  and  confidence,  its  final  action  on  their 
memorial. 

But  there  were  other  parties,  having  large  pe 
cuniary  claims  against  the '  government,  who  were 
eagerly  intent  to  obtain  from  Congress  and  the 
States  some  definite  pledge  of  tangible  funds,  to 
enhance  the  value  of  the  evidences  of  public 
debt  which  they  held.  These  parties,  not  pos 
sessing  so  much  of  the  public  sympathy,  were 
supposed  to  lend  themselves  to  the  dangerous 
scheme  of  enlisting  and  exaggerating  the  discon 
tents  of  the  army,  with  the  view  of  bringing  the 
influence  of  fear,  —  more  potent,  as  they  thought, 
than  that  of  justice,  - —  to  operate  on  the  deliber 
ations  of  Congress  and  of  the  States,  in  favor  of 
a  general  system  of  funding  the  public  debt. 

Mr.  Madison,  in  his  diary  of  Congress,  under 
the  date  of  the  17th  of  March,  1783,  the  day 
when  General  Washington's  letter  communicating 


400  LIFE  AND   TIMES   OF  MADISON. 

the  seditious  appeal  to  the  army  was  received, 
records  that,  "By  private  letters  from  the  army, 
and  other  circumstances,  there  appeared  good 
ground  for  suspecting  that  the  civil  creditors  were 
intriguing,  in  order  to  inflame  the  army  into  such 
desperation  as  would  produce  a  general  provis 
ion  for  the  public  debts."1 

But  the  most  important  testimony  on  this 
subject  is  that  of  the  commander-in-chief,  whose 
opportunities  of  personal  information,  added  to 
his  well-known  caution,  must  give  the  greatest 
weight  to  the  following  statement,  made  by  him 
in  a  letter  addressed  on  the  12th  of  March,  1783, 
to  Mr.  Jones,  one  of  the  delegates  of  Virginia  in 
Congress :  — 

"My  official  letter  to  Congress  of  this  date 
will  inform  you  of  what  has  happened  in  this 
quarter;  in  addition  to  which  it  may  be  neces 
sary  that  it  should  be  known  to  you  and  to 
such  others  as  you  may  tjiink  proper,  that  the 
army,  though  very  irritable  on  account  of  their 
long-protracted  sufferings,  have  been  apparently 
extremely  quiet  while  their  business  was  depend 
ing  before  Congress,  until  four  days  past.  In 
the  mean  time,  it  should  seem  reports  have  been 
propagated  in  Philadelphia  that  dangerous  com 
binations  were  forming  in  the  army;  and  this  at 
a  time  when  there  was  not  a  syllable  of  the 
kind  in  agitation  in  camp. 

"It   also    appears    that  upon    the   arrival  of  a 

1  Madison  Debates,  vol.  i.  p.  384. 


TESTIMONY  OF  WASHINGTON.  401 

certain  gentleman  from  Philadelphia  in  camp, 
whose  name,  at  present,  I  do  not  incline  to  men 
tion,  such  sentiments  as  these  were  immediately 
and  industriously  circulated  —  that  it  was  univer 
sally  expected  the  army  would  not  disband  until 
they  had  obtained  justice;  that  the  public  cred 
itors  looked  up  to  them  for  redress  of  their 
grievances,  would  afford  them  every  aid,  and 
even  join  them  in  the  field,  if  necessary ;  that 
some  members  of  Congress  wished  the  measure 
might  take  effect,  in  order  to  compel  the  public, 
particularly  the  delinquent  States,  to  do  justice ; 
with  many  other  suggestions  of  a  similar  nature. 

a  From  whence,  and  a  variety  of  other  consid 
erations,  it  is  generally  believed  that  the  scheme 
was  not  only  planned,  but  also  digested  and  ma 
tured  in  Philadelphia,  and  that  some  people  have 
been  playing  a  double  game,  spreading  at  the 
camp  and  in  Philadelphia  reports,  and  raising 
jealousies,  equally  void  of  foundation  until  called 
into  being  by  their  vile  artifices ;  for  as  soon  as 
the  minds  of  the  army  were  thought  to  be  pre 
pared  for  the  transaction,  anonymous  invitations 
were  circulated,  requesting  a  general  meeting  of 
the  officers  the  next  day.  At  the  same  time, 
many  copies  of  the  address  to  the  officers  of  the 
army  were  scattered  in  every  State  line  of  it."  L 

It  is  not  to  be  supposed  that  General  Wash 
ington, —  whose  habitual  respect  for  the  public 
authorities  of  the  country,  Congress  especially, 

l  Sparks's  Washington,  vol.  vm.  pp.  393,  394. 
34* 


402  LIFE   AND  TIMES    OF  MADISON. 

was  pushed  even  to  a  scrupulous  deference, — 
would  have  hazarded  statements  of  this  kind, 
involving  the  conduct  of  members  of  Congress 
among  others,  without  the  most  absolute  convic 
tion  of  their  correctness.  That  there  were  mem 
bers  of  that  body  who  entered  into  the  policy 
of  bringing  the  discontents  of  the  army  in  aid 
of  the  civil  creditors  of  the  United  States,  is 
established  by  contemporary  proofs  of  unques 
tionable  authenticity. 

Colonel  Alexander  Hamilton,  then  a  delegate 
in  Congress  from  New  York,  wrote,  as  early  as 
the  7th  of  February,  1783,  to  General  Washing 
ton,  confidentially,  to  the  following  effect :  — 

"  If  the  war  continues,  it  would  seem  that  the 
army  must,  in  June,  subsist  itself,  to  defend  the 
country;  if  peace  should  take  place,  it  will  sub 
sist  itself,  to  do  justice  to  itself.  It  appears  to 
be  a  prevailing  opinion  in  the  army  that  the 
disposition  to  recompense  their  services  will  cease 
with  the  necessity  for  them,  and  that,  if  they 
once  lay  down  their  anns,  they  part  with  the 
means  of  obtaining  justice.  It  is  to  be  lamented 
that  appearances  afford  too  much  ground  for 
their  distrust. 

"  It  becomes  a  serious  question,  what  is  the 
true  line  of  policy?  The  claims  of  the  army, 
urged  with  moderation,  but  with  firmness,  may 
operate  on  those  weak  minds  which  are  influ 
enced  by  their  apprehensions  more  than  by  their 
judgments,  so  as  to  produce  a  concurrence  in 


LETTERS  OF  COLONEL  HAMILTON.     403 

the  measures  which  the  exigencies  of  affairs  de 
mand.  They  may  add  weight  to  the  applications 
of  Congress  to  the  several  States.  So  far  a  use 
ful  turn  may  be  given  to  them.  But  the  diffi 
culty  will  be  to  keep  a  complaining  and  suffering 
army  within  the  bounds  of  moderation. 

"  This  your  Excellency's  influence  must  effect. 
In  order  to  it,  it  will  be  desirable  not  to  dis 
countenance  their  endeavours  to  procure  redress, 
but  rather  by  the  intervention  of  confidential 
and  prudent  persons,  to  take  the  direction  of 
them.  This,  however,  must  not  appear.  It  is 
of  moment  to  the  public  tranquillity  that  your 
Excellency  should  preserve  the  confidence  of  the 
army,  without  losing  that  of  the  people.  This 
will  enable  you,  in  case  of  extremity,  to  guide 
the  torrent,  and  to  bring  order,  perhaps  even 
good,  out  of  confusion.  Tis  a  part  which  re 
quires  address,  but  'tis  one  which  your  own  sit- 
nation,  as  well  as  the  welfare  of  the  community, 
points  out." 

In  a  subsequent  part  of  the  letter  is  the  fol 
lowing  paragraph :  — 

"The  great  desideratum,  at  present,  is  the 
establishment  of  general  funds,  which  alone  can 
do  justice  to  the  creditors  of  the  United  States, 
(of  whom  the  army  forms  the  most  meritorious 
class,)  restore  public  credit,  and  supply  the  future 
wants  of  government.  This  is  the  object  of  all 
men  of  sense ;  in  this,  the  influence  of  the  army, 
properly  directed,  may  cooperate."1 

1  See  letter  in  Ham.  Hist.  Am.  Rep.  vol.  n.  pp.  365-367. 


404  LIFE   AND   TIMES   OF  MADISON. 

To  the  suggestion  contained  in  this  letter, 
General  Washington,  on  the  4th  of  March,  re 
plied  with  dignity  and  wisdom,  in  the  following 
terms :  — 

"  The  just  claims  of  the  army  ought,  and,  it  is 
to  be  hoped,  will  have  their  weight  with  every 
sensible  legislature  in  the  Union,  if  Congress 
point  to  their  demands,  show  (if  the  case  be  so) 
the  reasonableness  of  them,  and  the  impractica 
bility  of  complying  without  their  aid.  In  any 
other  point  of  view,  it  would,  in  my  opinion,  be 
impolitic  to  introduce  the  army  on  the  tapis,  lest 
it  should  excite  jealousy  and  bring  on  its  con 
comitants."  l 

On  the  12th  day  of  March,  he  again  wrote  to 
Colonel  Hamilton,  repeating,  with  regard  to  the 
occurrences  which  had  taken  place  in  camp,  all 
the  statements  contained  in  his  letter  of  the 
same  date  to  Mr.  Jones,  with  the  added  remark, 
"There  is  something  very  mysterious  in  this 
business." 2 

Colonel  Hamilton  replied  to  this  letter  on  the 
17th  of  March,  and  in  a  postscript  makes  the 
following  observations :  — 

"Your  Excellency  mentions  that  it  has  been 
surmised  the  plan  in  agitation  was  formed  in 
Philadelphia ;  that  combinations  have  been  talked 
of  between  the  public  creditors  and  the  army ; 
and  that  members  of  Congress  had  encouraged 

1  See  letter  in  Ham.  Hist.  Am.  Rep.  vol.  n.  p.  381. 

2  Idem,  p.  385. 


LETTERS  OF  COLONEL  HAMILTON.     405 

the  idea.  This  is  partly  true.  I  have  myself 
urged  in  Congress  the  propriety  of  uniting  the 
influence  of  the  public  creditors,  and  the  army 
as  a  part  of  them,  to  prevail  upon  the  States  to 
enter  into  their  views.  I  have  expressed  the 
same  sentiments  out  of  doors.  Several  other 
members  of  Congress  have  done  the  same.  The 
meaning,  however,  of  all  this  was  simply  that 
Congress  should  adopt  such  a  plan  as  would  em 
brace  the  relief  of  all  the  public  creditors*  in 
cluding  the  army,  in  order  that  the  personal 
influence  of  some,  the  connections  of  others,  and 
a  sense  of  justice  to  the  army,  as  well  as  the 
apprehension  of  ill  consequences,  might  form  a 
mass  of  influence  in  each  State  in  favor  of  the 
measures  of  Congress.  In  this  view,  as  I  men 
tioned  to  your  Excellency  in  a  former  letter,  I 
thought  the  discontents  of  the  army  might  be 
turned  to  good  account.  I  am  still  of  opinion 
that  their  earnest  but  respectful  applications  for 
redress  will  have  a  good  effect.  As  to  any  com 
bination  of  force,  it  would  only  be  productive  of 
the  horrors  of  a  civil  war,  might  end  in  the  ruin 
of  the  country,  and  would  certainly  end  in  the 
ruin  of  the  army."1 

In  a  subsequent  letter  of  the  25th  of  March 
to  General  Washington,  Colonel  Hamilton  farther 
explained  his  ideas  as  to  the  inexpediency  and 
hopelessness  of  the  army's  seeking  redress  by 
force,  and  then  adds  — 

1  See  letter  in  Ham.  Hist.  Am.  Rep.  vol.  n.  p.  390. 


406  LIFE   AND  TIMES   OF  MADISON. 

"I  make  these  observations,  not  that  I  imag 
ine  your  Excellency  can  want  motives  to  continue 
your  influence  in  the  path  of  moderation;  but 
merely  to  show  why  I  cannot  myself  enter  into 
the  views  of  coercion  which  some  gentlemen  en 
tertain  ;  for  I  confess,  could  force  avail,  I  should 
almost  wish  to  see  it  employed.  I  have  an  in 
different  opinion  of  the  honesty  of  this  country, 
and  ill  forebodings  of  its  future  system." ] 

General  Washington,  in  a  letter  to  Colonel 
Hamilton  of  the  4th  of  April,  gives  the  coup  de 
grdce,  in  the  following  emphatic  terms,  to  every 
idea  of  making  the  army  an  instrument,  in  the 
hands  of  the  civil  creditors  and  their  patrons,  to 
carry  through  a  favorite  scheme  of  finance :  — 

"I  will  now,  in  strict  confidence,  mention  a 
matter  which  may  be  useful  for  you  to  be  in 
formed  of.  It  is  that  some  men  (and  leading 
ones  too)  in  this  army  are  beginning  to  enter 
tain  suspicions  that  Congress,  or  some  members 
of  it,  regardless  of  their  past  sufferings  and  pres 
ent  distress,  —  maugre  the  justice  which  is  due  to 
them,  and  the  returns  which  a  grateful  people 
should  make  to  men  who  certainly  have  contrib 
uted  more  than  any  other  class  to  the  establish 
ment  of  national  independency,  —  [wish  to  make] 
use  of  them  as  puppets  to  establish  continental 
funds;  and  that  rather  than  not  succeed  in  this 
measure,  or  weaken  -their  ground,  they  would 
make  a  sacrifice  of  the  army  and  all  its  interests. 

i  See  letter  in  Ham.  Hist.  Am.  Rep.  vol.  n.  p.  498. 


INFLEXIBILITY   OF  WASHINGTON.  4Q7 

"  I  have  two  reasons  for  mentioning  this  mat- 
ter  to  you.  The  one  is,  that  the  army  (consid 
ering  the  irritable  state  it  is  in,  its  sufferings, 
and  composition)  is  a  dangerous  instrument  to 
play  with;  the  other,  that  every  possible  means 
consistent  with  their  own  views,  (which  are  cer 
tainly  moderate,)  should  be  essayed  to  get  it  dis 
banded  without  delay.  I  might  add  a  third;  it 
is  that  the  financier  is  suspected  to  be  at  the 
bottom  of  the  scheme." l 

By  the  inflexible  firmness  and  stern  integrity 
of  Washington,  proof  alike  against  seduction  and 
surprise,  the  country  and  the  army  were  delivered 
from  the  dangers  which  impended  over  both. 

It  is  deeply  to  be  regretted  that  even  a  shade 
of  dissatisfaction,  at  such  a  moment,  should  have 
rested  upon  the  conduct  of  one  who  had  ren 
dered  such  important  services  to  the  cause  of 
American  independence  as  Robert  Morris,  the 
superintendent  of  finance.  A  letter  of  conditional 
resignation,  which  had  been  recently  addressed 
by  him  to  Congress,  was  interpreted  by  many  as 
a  menace  to  intimidate  that  body  and  the  States 
into  the  adoption  of  certain  plans  for  the  benefit 
of  the  public  creditors;  and  it  detracted,  for  a 
time,  from  the  consideration  he  had  so  justly  en 
joyed. 

Mr.  Madison  was  one  of  those  who  had,  in  the 
main,  zealously  sustained  Mr.  Morris's  administra- 

1  See  letter  in  Ham.  Hist.  Am.  Rep.  vol.  n.  pp.  449,  450. 


408  LIFE  AND  TIMES   OF  MADISON. 

tion ;  and  warmly  vindicated  him  from  the  as 
saults  of  two  of  his  colleagues,  Mr.  Lee  and  Mr. 
Bland.1  But  when,  on  the  reading  of  his  condi 
tional  resignation  in  Congress,  a  motion  was 
made,  first  to  commit  it,  and  then  to  assign  a 
day  for  its  consideration,  as  if  with  the  wish  of 
inducing  Mr.  Morris  to  withdraw  it,  Mr.  Madison 
firmly  declared  that,  "  however  anxious  might  be 
their  wishes,  or  alarming  their  apprehensions, 
Congress  could  not  condescend  to  solicit  Mr.  Mor 
ris,  even  if  there  were  a  prospect  of  the  solicita 
tion  being  successful."2  Happily  for  his  fame, 
no  less  than  for  the  interests  of  the  country,  cir 
cumstances  occurred  which  prevented  his  resig 
nation  from  then  taking  effect.8 

1  Madison  Debates,  vol.  I.  pp.  tween  him  and  committee  of  Con- 
137,  138.  gress,  on  the  28th  of  April,  1783, 

2  Idem,  pp.  274,  275.  in  Journals  of  Congress,  vol.  IV 

3  See  report  of  interview  be-  p.  216. 


CHAPTER    XIY. 

Efforts  of  Congress  to  establish  a  System  of  general  Revenue  — Re- 
suit  of  Application  to   the   States  for  Power  to   levy  Imposts^ 
Rhode  Island  refuses  —  Virginia,  after  granting,  repeals  her  Grant 
-Mr.  Madison  annoyed   and   embarrassed   by  the  Opposition  of 
his  State  — Determines,  nevertheless,  to  pursue  the  Convictions  of 
his  own  Judgment  in  Favor  of  a  System  of  general  Revenue  — 
Delivers   his  Views  in  an   able  and   patriotic  Speech -Moves  a 
Modification  of  the  Proposition  before  Congress -His  Modification 
adopted-  Subject  referred  to  a  select  Committee,  of  which  he  was 
a  Member- His  Views  in  the  Committee  -  Report  made  in  Con- 
formity  to   them -Outline  of  the    Report -Finally  adopted   by 
Congress,  with  slight  Variations  -  Mr.  Madison  Chairman  of  Com- 
mittee   to  prepare  an  Address   to  the  States  in    Support  of  the 
Plan  agreed  to— Luminous  and  eloquent  Address  drawn  by  him, 
and  adopted  by  Congress  —  Sketch  of  it— Colonel  Hamilton  op. 
posed  to  the  Plan  submitted  by  Congress  to  the  States  —  Reasons 
of  his  Opposition -General  Washington,  in  his  Circular  Letter  to 
the    States,  warmly  commends  the  Address,  and    urges   them  to 
adopt  the  Plan  submitted  by  Congress  —  Distinctive  Features  of 
political    Systems   of   Hamilton    and   Madison    begin    to  disclose 
themselves -Reception  of  Revenue  Plan  by  Legislature  of  Vir 
ginia—Note  on  Accusations  against  Mr.  Madison  by  Biographer 
of  Colonel  Hamilton. 

IT  now  remained  for  Congress  to  devise   and 
mature    some    reliable    system 'of  revenue    that 

VOL.  I.  35 


410  LIFE  AND  TIMES   OF  MADISON. 

would  enable  them  to  meet  the  national  engage 
ments,  as  well  as  to  provide  for  the  current 
wants  of  the  public  service.  This  had  become 
an  object  of  the  highest  importance,  not  merely 
to  the  honor,  but  to  the  very  existence  of  the 
nation.  Requisitions  upon  the  States  having  long 
since  proved  a  wholly  unreliable  resource,  Con 
gress,  by  their  resolution  of  the  3d  of  February, 
1781,  which  we  have  already  had  occasion  to 
refer  to,  appealed  to  the  several  States  to  grant 
them  the  power  to  levy,  for  the  use  of  the 
United  States,  a  uniform  duty  of  five  per  cent, 
upon  all  foreign  merchandise  imported  into  the 
country. 

This  application  had  been  acceded  to  by  all 
of  the  States  except  Rhode  Island,  who  persisted 
in  refusing,  and  Georgia,  who  had  not  yet  de 
finitively  acted  upon  the  subject.  Virginia,  who 
had  promptly  passed  an  act  in  full  conformity 
with  the  application  of  Congress,  afterwards  sus 
pended  the  operation  of  her  act,  until  all  the 
other  States  should  notify  their  compliance. 
While  Congress  was  endeavouring,  by  renewed 
remonstrances,  to  urge  their  application  upon  the 
non-complying  States,  Rhode  Island  especially,  in 
formation  was  received  that  Virginia  had  at 
length  wholly  repealed  her  act  of  compliance. 

There  was  no  person  to  whom  this  intelligence 
could  have  been  more  painful  than  Mr.  Madison. 
We  have  seen  how  early,  and  with  how  much 
earnestness  of  duty  and  conviction,  he  espoused 


EFFORTS  FOR  FEDERAL  REVENUE.     4H 

the  cause  of  obtaining  more  adequate  and  certain 
revenues  for  the  support  of  the  war  and  the 
faithful  discharge  of  all  the  public  engagements. 
It  was  an  object  which,  in  his  estimation,  "jus- 
tice,  gratitude,  our  reputation  abroad,  and  oui 
tranquillity  at  home,"  imperiously  called  for;  and 
in  a  letter  to  his  colleague,  Mr.  Randolph,  of  the 
28th  of  January,  1782,  when  informed  merely 
of  the  provisional  suspension  by  the  legislature 
of  Virginia  of  their  first  act,  he  emphatically  de 
clared,  "Congress  cannot  abandon  the  plan,  as 
long  as  there  is  a  spark  of  hope:  nay,  other 
plans,  on  a  like  principle,  must  be  added."1 

An   elaborate  answer  had  been  prepared  by  a 
committee,  of  which  Colonel  Hamilton  was  chair 
man,  to  the  objections  brought  by  Rhode  Island 
against  the  grant  of  the   proposed  impost ;  and 
a  deputation  of  members  was  appointed  by  Con 
gress  to  take  charge  of  it,  and,  by  their  personal 
representations,  to   enforce  upon    the    legislature 
of  that  State   the  strong  motives,  deduced  from 
the  public  safety  and  honor,  for  her  compliance. 
The  answer  was   marked,  in    several  of  its   fea 
tures,  by  the  peculiar  and  uncompromising  views 
of  its  author ;  but  it  nevertheless  passed  without 
opposition.     The  deputation   had  already  set  out 
upon   their   mission,    and   had   accomplished    one 
day's  journey,  when,  hearing  of  the   unfavorable 
decision  of  Virginia,  they  returned  to  ask  farther 
instructions.     Notwithstanding  the  discouragement 

1  Ante,  pp.  311-313. 


412  LIFE  AND  TIMES   OF  MADISON. 

produced  by  this  new  phase  of  the  question,  it 
was  determined  that  they  should  proceed  on 
their  errand.1 

The  resolution  of  the  25th  of  January,  1783, 
upon  the  memorial  of  the  army,  having  recog 
nized  their  right  in  common  with  the  other  cred 
itors  of  the  United  States  to  expect  a  substan 
tial  security  for  the  payment  of  the  debts  due 
them,  and  pledged  Congress  to  use  its  best 
efforts  to  obtain  from  the  States  adequate  funds 
for  that  object,  it  was  made  the  order  of  the 
day  for  the  27th  to  take  into  consideration  the 
nature  of  those  funds  and  the  means  of  obtain 
ing  them.  On  that  day,  a  wide  and  interesting 
debate  took  place ;  and  a  resolution  was  proposed 
in  the  following  words  —  that  "complete  justice 
cannot  be  done  to  the  creditors  of  the  United 
States,  nor  the  restoration  of  public  credit  be 
effected,  nor  the  further  exigencies  of  the  war 
be  provided  for,  but  by  the  establishment  of 
general  funds  to  be  collected  by  Congress."  2 

On  the  same  day,  and  immediately  after  this 
proposition  was  made,  an  official  notification  was 
laid  before  Congress  of  the  act  of  the  legisla 
ture  of  Virginia,  repealing  the  former  act  by 
which  they  granted  the  five  per  cent,  impost. 
Among  the  circumstances  which  influenced  the 
conduct  of  Virginia  at  this  time,  were,  undoubt- 

1  See  Madison  Debates,  vol.  i.        2  Madison  Debates,  vol.  i.  pp 
pp.  238,  239,  and  Journals  of  Con-     284,  285. 
gress,  vol.  IV.  p.  120. 


PROCEEDINGS  IN  VIRGINIA.  413 

edly,  the  persevering  refusal  of  Ehode  Island  to 
concur  in  the  grant,  and  also  the  belief  gener 
ally  entertained  by  the  people  of  Virginia  that 
they  had  already  contributed  more  than  their 
fair  proportionate  share  of  the  expenses  of  the 
war.  But  the  preamble  to  the  act  of  repeal  set 
forth  reasons  of  a  more  comprehensive  and  sig 
nificant  character,  which  furnish  a  striking  illus 
tration  of  the  jealousy  of  federal  power  then 
beginning  to  prevail,  and  the  extreme  reluctance 
of  the  States  to  enlarge  the  sphere  of  congres 
sional  authority. 

It  affirmed  that,  "Whereas,  the  permitting  any 
power,  other  than  the  General  Assembly  of  this 
Commonwealth,  to  levy  duties  or  taxes  upon  the 
citizens  of  this  State  within  the  same,  is  injuri 
ous  to  its  sovereignty,  may  prove  destructive  of 
the  rights  and  liberties  of  the  people,  and,  so  far 
as  Congress  might  exercise  the  same,  is  contra 
vening  the  spirit  of  the  confederation  in  the 
eighth  article  thereof," --therefore  the  former  act 
shall  be  and  is  repealed.1 

The  legislature  here  announced  principles,  not 
only  opposed  to  the  grant  of  a  power  to  Con 
gress  to  levy  a  five  per  cent,  impost  duty,  but 
directly  at  war  with  any  plan  of  general  reve 
nue  under  the  control  of  Congress.  Mr.  Madi 
son  could  not  but  feel  how  delicate  his  position, 
as  a  delegate  of  Virginia,  was  rendered  by  so 
sweeping  a  declaration  of  the  adverse  sentiments 


1  Hen.  Stat.  vol.  xi.  p.  171. 
35* 


414  LIFE   AND  TIMES   OF  MADISON. 

of  his  constituents ;  but  his  sense  of  the  national 
clangers  and  embarrassments,  and  of  the  duty  he 
owed  to  the  whole  country,  overruled  every  per 
sonal  consideration.  In  a  letter  to  Mr.  Edmund 
Randolph,  of  the  28th  of  January,  1783,  he  says: 

"Such  of  the  Virginia  delegates  as  concur  in 
the  opinion  [of  the  necessity  and  expediency 
of  some  system  of  general  revenue]  are  put  in 
a  delicate  situation  by  the  preamble  to  the  late 
repeal  of  the  impost  by  Virginia.  Persuaded  as 
I  am,  however,  of  the  truth  of  the  proposition, 
and  believing  as  I  do,  that,  with  the  same  knowl 
edge  of  facts  which  my  station  commands,  my 
constituents  would  never  have  passed  that  act, 
and  would  now  rescind  it,  my  assent  will  be 
hazarded.  For  many  reasons,  which  I  have  not 
time  to  explain  in  cypher,  it  is  my  decided  opin 
ion  that  unless  such  funds  be  established,  the 
foundations  of  our  independence  will  be  laid  in 
injustice  and  dishonor,  and  that  the  advantages 
of  the  Revolution,  dependent  upon  the  federal 
compact,  will  be  of  short  duration." 

On  the  very  day  that  this  letter  was  written, 
Mr.  Madison,  in  execution  of  his  patriotic  deter 
mination,  delivered  his  sentiments  in  Congress  at 
much  length,  and  with  great  earnestness  and 
ability,  in  support  of  the  propriety  and  neces 
sity  of  a  system  of  continental  revenue. 

He  commenced  by  observing  that  "  it  was  need 
less  to  go  into  proofs  of  the  necessity  of  paying 
the  public  debts.  The  idea  of  erecting  our  na- 


MR.  MADISON   SUPPORTS  PLAN   OF  REVENUE.  415 

tional  independence  on  the  ruins  of  public  faith 
and  national  honor  must  be  horrid  to  every 
mind  which  retained  either  honesty  or  pride." 
The  only  question  was,  which  of  the  plans  sug 
gested  for  the  ultimate  discharge  of  the  public  en 
gagements,  and  the  support  of  public  credit,  is  suf 
ficient  and  reliable.  He  then  proceeded  to  show 
that  the  old  method  of  periodical  requisitions  on 
the  States  had  been  tried,  and  had  signally  failed ; 
that  there  were  insuperable  difficulties  in  the 
way  of  the  establishment  of  permanent  funds  by 
the  States  separately,  to  be  applied  regularly  to 
the  liquidation  of  the  public  debt ;  and  that  the 
only  expedient  that  remained  was  some  plan 
"of  general  revenue  operating  throughout  the 
United  States  under  the  superintendence  of  Con 
gress. 

"The  consequences  with  respect  to  the  Union 
of  omitting  such  a  provision  for  the  debts  of  the 
United  States,"  he  said,  "claimed  particular  atten 
tion.  The  tenor  of  the  memorial  from  Pennsyl 
vania,  and  of  the  information  just  given  on  the 
floor  by  one  of  its  delegates,  (Mr.  Fitzsimmons,) 
renders  it  extremely  probable  that  that  State 
would,  as  soon  as  it  should  be  known  that  Con 
gress  had  declined  such  provision,  or  the  States 
rejected  it,  appropriate  the  revenue  required  by 
Congress  to  the  payment  of  its  own  citizens  and 
troops,  creditors  of  the  United  States.  The  irreg 
ular  conduct  of  other  States  on  this  subject,  en 
forced  by  such  an  example,  could  not  fail  to 


416  LIFE  AND  TIMES   OF  MADISON. 

spread  the  evil  throughout  the  whole  continent. 
What,  then,  would  become  of  the  confederation? 
What  would  be  the  authority  of  Congress  ?  What 
the  tie  by  which  the  States  would  be  held  to 
gether?  What  the  source  by  which  the  army 
could  be  subsisted  and  clothed  ?  What  the  mode 
of  dividing  and  discharging  our  foreign  debt  ? 
What  the  rule  of  settling  the  internal  accounts? 
What  the  tribunal  by  which  controversies  among 
the  States  could  be  adjudicated? 

"It  ought  to  be  carefully  remembered  that 
this  subject  was  brought  before  Congress  by  a 
very  solemn  appeal  from  the  army  to  the  justice 
and  gratitude  of  the  country.  Besides  immediate 
pay,  they  ask  for  permanent  security  for  the  ar 
rears.  Is  not  this  request  a  reasonable  one? 
Will  it  be  just  and  politic  to  pass  over  the  only 
adequate  security  that  can  be  devised,  and,  in 
stead  of  fulfilling  the  stipulations  of  the  United 
States  to  them,  to  leave  them  to  seek  their  re 
wards  from  the  States  to  which  they  respectively 
belong  ?  The  patience  of  the  army  has  been 
equal  to  their  bravery;  but  that  patience  must 
have  its  limits,  and  the  result  of  despair  cannot 
be  foreseen,  nor  ought  to  be  risked." 

After  adverting  to  the  several  objections  al 
leged  by  the  legislature  of  Virginia  against  a 
system  of  general  revenue  under  the  control  of 
Congress,  and  answering  each  of  those  objections 
in  succession,  Mr.  Madison  concluded  with  the 
following  remarks  in  reference  to  his  own  position, 


HIS  VIEWS   OF  REPRESENTATIVE  DUTY.      417 

which  deserve  to  be  borne  in  remembrance  for 
the  elevated  conception  they  convey  of  both  the 
responsibility  and  the  self-respect  belonging  to 
the  representative  character. 

"  The  State  of  Virginia/'  he  said,  "  as  appears 
by  an  act  yesterday  laid  before  Congress,  has 
withdrawn  its  assent  once  given  to  the  impost. 
This  circumstance  could  not  but  produce  some 
embarrassment  in  a  representative  of  that  State 
advocating  the  scheme  —  one,  too,  whose  princi 
ples  were  extremely  unfavorable  to  a  disregard 
of  the  sense  of  constituents.  But  it  should  not, 
deter  him  from  listening  to  considerations  which, 
in  the  present  instance,  ought  to  prevail  over  it. 

"  One  of  these  considerations  was  that,  although 
the  delegates  who  compose  Congress  more  imme 
diately  represent,  and  were  amenable  to,  the 
States  from  which  they  respectively  come,  yet  in 
another  view  they  owed  a  fidelity  to  the  collec 
tive  interests  of  the  whole.  Secondly,  although 
not  only  the  express  instructions,  but  the  de 
clared  sense  of  constituents,  as  in  the  present 
case,  were  to  be  a  law  in  general  to  their  rep 
resentative,  still  there  were  occasions  on  which 
the  latter  ought  to  hazard  personal  consequences, 
from  a  respect  to  what  his  clear  conviction  de 
termines  to  be  the  true  interest  of  the  former; 
and  the  present  he  conceived  to  fall  under  this 
exception.  Lastly,  the  part  he  took  on  the  pres 
ent  occasion  was  the  more  justifiable  to  his  own 
mind  by  his  thorough  persuasion  that,  with  the 


418  LIFE   AND  TIMES   OF  MADISON. 

same  knowledge  of  public  affairs  which  his  sta 
tion  commanded,  the  legislature  of  Virginia  would 
not  have  repealed  the  law  in  favor  of  the  impost, 
and  would  even  now  rescind  the  repeal." 

Having  thus  made  up  his  mind  to  meet  what 
ever  consequences  might  arise  to  himself  person 
ally  from  a  conscientious  discharge  of  his  duty 
to  the  country,  he  addressed  himself,  with  all 
the  energies  both  of  his  understanding  and  his 
will,  to  perfecting  such  a  plan  of  general  reve 
nue  as,  while  providing  for  the  obligations  of  the 
national  faith  and  honor,  would  have  a  reason 
able  prospect  of  obtaining  the  necessary  assent 
of  the  States.  The  urgency  of  the  crisis  de 
manded  something  practicable,  if  not  in  every 
particular  conformable  to  the  rigid  exactness  of 
theoretical  speculation. 

The  proposition  which  had  been  offered  de 
clared  the  "  establishment  of  general  funds,  to  be 
collected  by  Congress,"  to  be  indispensably  neces 
sary.  Mr.  Madison  moved  to  modify  it  by  sub 
stituting  a  more  precise  declaration,  that  "  the 
establishment  of  permanent  and  adequate  funds,  to 
operate  generally  throughout  the  United  States," 
was  indispensably  necessary;  and  in  order  to  ob 
tain  first  the  sanction  of  Congress  to  the  general 
principle,  without  encumbering  it  with  a  ques 
tion  of  detail,  which  would  probably  give  rise  to 
great  difference  of  opinion,  he  proposed  to  omit, 
for  the  present,  the  cumulative  clause,  "to  be 
collected  by  Congress ; "  leaving  that  for  separate 
and  ulterior  consideration. 


DETAILS   OF  PLAN  DISCUSSED.  419 

The  proposition  so  modified  was  passed  in 
committee  of  the  whole  the  following  day,  with 
out  opposition,1  and  on  the  12th  of  February, 
was  agreed  to  in  the  House  by  the  votes  of 
eight  States;  none  of  the  States  giving  a  col 
lective  negative,  but  three  of  them  being  divided 
in  their  votes.2  Virginia  was  one  of  the  divided 
States ;  Mr.  Arthur  Lee  and  Colonel  Mercer  voting 
against  the  proposition,  and  assailing  it  in  every 
stage  of  its  progress.  Against  their  united  as 
saults,  Mr.  Madison  sometimes  stood  alone  to 
defend  it,  and  was  made  to  feel,  on  more  than 
one  occasion,  that  "  a  man's  enemies  are  the  men 
of  his  own  house." 

After  the  adoption  of  the  general  proposition, 
Congress  spent  several  days,  in  committee  of  the 
whole,  in  considering  and  discussing  the  details 
of  some  practical  measure  to  give  effect  to  it. 
The  first  question  discussed  was  the  expediency 
of  submitting  to  the  States,  in  a  new  form, 
the  application  for  authority  to  levy  imposts. 
This  being  determined  in  the  affirmative,  the 
sense  of  the  body  was  taken,  by  separate  and 
direct  votes,  on  the  mode  of  collecting  the  pro 
posed  duties,  whether  by  officers  of  state  or  fed 
eral  appointment,  and  also  on  the  duration  of 
the  term  for  which  the  authority  should  be 
asked. 

On  the  first,  it  was  decided  by  a  large  major- 

i  See  Madison  Debates,  vol.  I.        2  Journals  of  Congress,  vol.  IV. 
p.  304.  p.  160. 


420  LIFE  AND   TIMES   OF  MADISON. 

ity  of  the  States,  (New  York  and  Pennsylvania 
alone  dissenting,)  that  the  appointment  of  col 
lectors  should  be  left  to  the  States,  but  when 
appointed,  to  be  amenable  to,  and  under  the  con 
trol  of  Congress;  and  on  the  second,  that  the 
power  asked  should  be  for  a  term  of  twenty-five 
years.1 

Many  other  suggestions  were  thrown  out  and 
discussed  in  committee  of  the  whole,  pointing  to 
other  sources  of  revenue  and  modes  of  taxation ; 
when  the  whole  subject  was  at  length,  on  the 
21st  of  February,  referred. to  a  select  committee, 
consisting  of  Mr.  Gorham  of  Massachusetts,  Colo 
nel  Hamilton  of  New  York,  Mr.  Madison  of  Vir 
ginia,  Mr.  Fitzsimmons  of  Pennsylvania,  and  Mr 
Rutledge  of  South  Carolina.2 

The  committee  was  closely  occupied  with  their 
difficult  and  important  duty  for  several  weeks. 
Mr.  Madison  desired  that  the  plan  presented  by 
them  should  be  a  broad  and  comprehensive  one, 
embracing  the  equitable  claims  and  interests  of 
all  the  States,  so  as  to  add  to  the  probability  of 
a  general  concurrence  in  the  scheme  which 
should  be  finally  recommended.  He  was,  there 
fore,  in  favor  of  including  in  their  report,  together 
with  the  best  practicable  arrangements  for  a  gen 
eral  revenue,  provisions  for  an  equitable  abate 
ment  of  the  quotas  of  such  of  the  States  as  had 
been  in  possession  of  the  enemy  during  any  con- 

l  See  Madison  Debates,  vol.  I.  2  Idem,  p.  357,  and  Journals  of 
pp.  333,  334.  342-7,  and  347-9.  Congress,  vol.  IV.  pp.  165  and  174. 


MR.  MADISON'S  PRO  JET.  421 

siderable  period  of  the  war;  a  reasonable  allow 
ance  to  others  for  expenses  incurred  by  them 
without  the  previous  sanction  of  Congress,  in 
their  own  defence  against  invasion,  or  in  military 
enterprises  for  the  common  benefit ;  a  renewed 
recommendation  of  a  liberal  cession  of  public 
lands  by  the  individual  States  claiming  them; 
and  the  substitution,  under  certain  qualifications, 
of  the  number  of  inhabitants,  as  a  rule  for  ap 
portioning  pecuniary  burdens  among  the  States, 
in  lieu  of  the  unsatisfactory  and  impracticable 
standard  established  by  the  articles  of  confedera 
tion  in  a  valuation  of  the  appropriated  lands 
within  each  State,  and  of  the  improvements 
thereon. 

*  Accompanying  Mr.  Madison's  diary  of  the  pro 
ceedings  and  debates  of  Congress,  is  a  remarkable 
paper  drawn  up  by  him  at  the  time,  exhibiting 
a  financial  and  political  chart  of  the  several 
States,  and  showing  how  the  interests  and  dispo 
sitions  of  each  would  be  affected  by  the  various 
parts  of  his  extensive  and  well-adjusted  projet} 
This  paper  affords  a  striking  illustration  of  the 
largeness  of  the  author's  views,  of  his  habit  of 
surveying  a  subject  on  every  side  and  in  all  its 
relations,  and  of  his  eminent  talent  for  political 
organization  and  construction. 

On  the  6th  of  March,  the  committee  made 
their  report,  embracing  all  the  principles  and 
provisions  above  mentioned.  It  underwent  re- 

1  See  Madison  Debates,  vol.  i.  pp.  361-364. 
VOL.  i.  36 


422  LIFE    AND  TIMES   OF  MADISON. 

peated  discussions  in  Congress ;  parts  of  it  were, 
from  time  to  time,  recommitted  to  the  committee 
which  brought  it  in ;  some  modifications  and 
alterations  were  made ;  and  finally,  on  the  18th 
of  April,  1783,  the  report  received  the  sanction 
of  Congress  in  all  its  essential  and  fundamental 
provisions,  omitting  only  the  abatements  and 
allowances  proposed  in  favor  of  certain  classes 
of  States,  which,  however  just  and  equitable  in 
themselves,  were  too  obnoxious  to  the  operation 
of  local  and  sectional  jealousies  to  admit  of  an 
impartial  judgment  upon  their  merits. 

The  plan,  thus  carefully  digested,  and  adopted 
upon  mature  deliberation,  embraced  the  follow 
ing  objects:  First,  the  grant  by  the  States  to 
Congress  of  a  power  to  levy,  for  a  term  of 
twenty-five  years,  certain  specific  rates  of  duty 
on  a  few  enumerated  articles  of  general  con 
sumption  imported  from  abroad,  and  upon  all 
other  imports  a  uniform  duty  of  five  per  cent. 
These  duties  were  to  be  set  apart  inviolably  for 
the  purpose  of  paying  the  interest  or  principal 
of  the  debt  contracted,  on  the  faith  of  the  United 
States,  for  the  support  of  the  war;  but  as  their 
present  proceeds,  it  was  computed,  would  not 
exceed  a  million  of  dollars,  —  leaving  a  million 
and  a  half  of  the  annual  interest  of  the  debt  to 
be  provided  for  by  other  means, —  it  was  pro 
posed  that  the  States  should  establish  within 
themselves,  for  a  term  of  twenty-five  years  also, 
substantial  and  effectual  revenues  of  such  nature 


jeLAN  REPORTED  BY   COMMITTEE.  423 

as  they  should  judge  most  convenient,  in  order  to 
pay  their  respective  proportions  of  this  additional 
sum,  which  was  to  be  faithfully  applied,  in  like 
manner,  to  the  debt  contracted  for  the  support 
of  the  war. 

The  officers  for  the  collection  of  both  descrip 
tions  of  revenue,  were  to  be  appointed  by  the 
States,  but  to  be  amenable  to  and  removable  by 
Congress. 

In  farther  aid  of  these  funds,  the  States,  claim 
ing  large  bodies  of  unappropriated  lands,  were 
to  be  called  on  to  complete  the  "liberal  ces 
sions  "  already  recommended ;  and  which,  it  was 
hoped,  with  the  progressive  increase  of  the  rev 
enue  from  imposts,  and  the  usual  requisitions 
upon  the  States,  would  furnish  the  means  of  ex 
tinguishing  the  principal  of  the  debt  at  no  dis 
tant  day. 

Finally,  as  the  rule  prescribed  by  the  articles 
of  confederation  for  apportioning  the  common 
charge  among  the  States,  according  to  the  esti 
mated  value  of  all  the  appropriated  lands  within 
each,  was  scarcely  susceptible  of  execution,  or,  if 
it  were,  would  be  productive  of  mutual  distrust 
and  dissatisfaction  among  the  States,  it  was  pro 
posed  to  substitute  in  lieu  of  it  a  periodical  cen 
sus  of  the  population,  which  should  include  the 
whole  number  of  white  and  free  inhabitants, 
and  three  fifths  of  all  other  persons.  This  was 
the  origin  of  the  compromise  afterwards  incor 
porated  into  the  constitution  of  the  United 


424 


LIFE   AND   TIMES   OF  MADISON. 


States.1     Both  it  and  the   renewed   recommenda 
tion  of  "  liberal  cessions "  of  the   public  lands  by 

1  The  history  of  this  qiiestion  is  liable  to  many  and  insuperable 
somewhat  curious,  and  deserves  to  objections,  the  committee,  charged 
be  recalled.  In  the  articles  of  con-  with  the  preparation  of  a  plan  of 
federation  as  originally  reported  by  revenue,  determined  to  recom- 
a  committee  to  Congress,  in  July,  mend  to  the  States  to  rescind  alto- 
1776,  the  rule  of  apportionment  gether  the  existing  rule  established 
proposed  was  the  "  number  of  in-  by  the  confederation,  and  to  sub- 
habitants  of  every  age,  sex,  and  stitute  the  standard  of  numbers, 
quality,  except  Indians  not  paying  including  only  slaves  within  cer- 
taxes."  This  rule  was  objected  to  tain  designated  ages.  [See  Mad- 
by  the  Southern  States  as  includ-  ison  Debates,  vol.  i.  pp.  376,  377.] 
ing  slaves,  equally  with  freemen,  When  the  report  of  the  corn- 
in  estimating  the  tax-paying  ability  mittee  was  taken  up  for  consider- 
of  the  several  States  ;  whereas,  ation,  it  was  generally  agreed  that, 
they  contended  that,  the  labor  of  instead  of  fixing  the  number  of 
slaves  being  less  productive  than  slaves  to  be  included  in  the  census 
that  of  freemen,  in  the  ratio  of  at  by  ages,  it  would  be  better  to  fix 
least  two  to  one,  not  more  than  it  by  some  certain  specific  ratio, 
one  half  of  the  slaves  ought  to  be  It  was  proposed,  on  the  28th  of 
included  in  the  census  of  inhabit-  March,  by  the  committee,  that  two 
ants,  by  which  the  common  charge  blacks  should  be  rated  as  one  free- 
was  to  be  apportioned  among  all  man.  Mr.  Rutledge  of  South  Car- 
the  States.  This  the  Northern  olina  said  that,  in  his  opinion,  it 
States  would  not  consent  to ;  and  would  be  more  just  to  rate  three 
the  disagreement  led  to  the  substi-  blacks  as  one  freeman,  though  he 
tution,  in  the  articles  of  confedera-  would,  in  a  spirit  of  compromise, 
tion,  of  the  value  of  land  in  lieu  agree  to  the  ratio  proposed  by  the 
of  the  number  of  inhabitants,  as  committee.  Mr.  Arthur  Lee  de- 
the  rule  of  apportionment.  [See  clared  that,  in  his  judgment,  two 
particularly  what  is  said  by  Mr.  slaves  were  not  equal  to  one  free- 
Wilson  of  Pennsylvania,  and  Mr.  man.  Mr.  Carroll  of  Maryland  was 
Clark  of  New  Jersey,  in  Madison  for  rating  them  as  four  to  one.  The 

representatives   of  the    Northern 
States  generally  were  for  rating 


Debates,  vol.  i.  p.  422.] 

During  this    Congress,   (1783,) 


much  time  had  been  spent  in  en-  them  as  four  to  three.     A  motion 

deavouring  to  devise  some  satisfac-  was  at  length  made  to  rate  them  as 

tory  mode  of  making  a  valuation  three  to  two,  but  was  rejected, 

of  the  appropriated  lands   in  the  Mr.  Madison,  then,  in  order  to 


several  States,  as  required  by  the 
articles  of  confederation ;  but  the 
mode  at  last  agreed  upon  being 


bring  about  a  compromise  among 
these  various  opinions,  rose  and 
proposed  that  the  slaves  should  be 


ADDRESS  TO  THE   STATES  BY  MR.  MADISON.    425 

individual  States,  though  proper  adjuncts  of  a 
financial  system  for  the  confederacy,  were  yet 
more  important  as  political  provisions  tending  to 
promote  the  future  harmony  and  union  of  the 
States. 

Immediately  after  the  adoption  of  the  plan,  a 
committee,  consisting  of  Mr.  Madison,  Mr.  Ells 
worth,  and  Mr.  Hamilton,  was  appointed  to  pre 
pare  an  address  to  the  States,  to  accompany  and 
recommend  it  to  their  acceptance.  The  address 
was  drawn  by  Mr.  Madison.  For  lucid  exposi 
tion,  pregnant  conciseness  and  precision,  dignity, 
eloquence,  and  force,  it  will  ever  stand  among 
the  model  State  papers  of  America,  After  de 
veloping  and  explaining  the  various  parts  of  the 
plan,  with  the  cogent  considerations  of  justice 
and  policy  on  which  they  were  severally  founded, 
the  address  proceeds :  — 

rated  as  five  to  three.     This  prop-  tion  ;  and  upon   the  reconsidera- 

osition  was  carried  by  the  votes  of  tion,  the  clause  which   had  been 

all  the  Southern   States,  together  struck  out  was  reinstated,  with  the 

with   Pennsylvania,   New  Jersey,  rate  of  three  fifths  for  slaves,  as 

and  New  Hampshire,  and  the  blank  proposed  by  Mr.  Madison,  and  in 

in  the  report  was  accordingly  filled  that  form  was  finally  adopted  by 

with  the  rate  of  three  fifths.     But  the  votes  of  eight  States.     It  will 

after  the  blank  was  so  filled,  a  mo-  be  seen,  therefore,  that  the  com- 

tion  was  made  by  Mr.  Bland  of  promise  of  this  question,  which  now 

Virginia  to  strike  out  the  clause  as  forms  a  part  of  the  constitution  of 

amended,  and  was  carried,  in  con-  the  United  States,  had  its  origin 

sequence  of  the  loss  of  the  vote  of  with  Mr.  Madison  in  the  Congress 

New  York  by  the  absence  of  Colo-  of  1783,  and  not,  as  it  has  been 

nel    Hamilton.      This    being   the  recently  attempted  to  show,  with 

case,  Colonel  Hamilton,  three  days  Colonel  Hamilton.     [See  Madison 

afterwards,  (1st  April,)    moved  a  Debates,  vol.  I.  pp.  422-425,  and 

reconsideration  of  the  vote  of  the  430,   and   Journals    of    Congress, 

28th  of  March  on  Mr.  Eland's  mo-  vol.  iv.  pp.  180,  and  182,  183.] 
36* 


426  LIFE  AND  TIMES   OF  MADISON. 

"The  plan  thus  communicated  and  explained 
by  Congress  must  now  receive  its  fate  from  their 
constituents.  All  the  objects  comprised  in  it  are 
conceived  to  be  of  great  importance  to  the  hap 
piness  of  this  confederate  republic,  are  necessary 
to  render  the  fruits  of  the  Kevolution  a  full  re 
ward  for  the  blood,  the  toils,  the  cares,  and  the 
calamities  which  have  purchased  it.  But  the  ob 
ject,  of  which  the  necessity  will  be  peculiarly  felt, 
and  which  it  is  peculiarly  the  duty  of  Congress 
to  inculcate,  is  the  provision  recommended  for 
the  national  debt.  Although  this  debt  is  greater 
than  could  have  been  wished,  it  is  still  less,  on 
the  whole,  than  could  have  been  expected ;  and 
when  referred  to  the  cause  in  which  it  has  been 
incurred,  and  compared  with  the  burdens  which 
wars  of  ambition  and  vainglory  have  entailed  on 
other  nations,  it  ought  to  be  borne  not  only 
with  cheerfulness,  but  pride." 

An  appeal  is  then  made  to  those  generous 
and  elevated  sentiments  which  enter  into  the 
policy  of  great  States,  no  less  than  into  the  mo 
tives  and  conduct  of  wise  and  honorable  men. 

u  If  other  motives,"  it  says,  "  than  that  of  jus 
tice  could  be  requisite  on  this  occasion,  no  nation 
could  ever  feel  stronger ;  for  to  whom  are  the 
debts  to  be  paid? 

"  To  an  ally,  in  the  first  place,  who,  to  the  ex 
ertion  of  his  arms  in  support  of  our  cause,  has 
added  the  succours  of  his  treasure  ;  who,  to  his 
important  loans,  has  added  liberal  donations ; 


ADDRESS  TO  THE  STATES  BY  MR.   MADISON.    427 

and  whose  loans  themselves  carry  the  impression 
of  his  magnanimity  and  friendship 

"To  individuals  in  a  foreign  country,  in  the 
next  place,  who  were  the  first  to  give  so  precious 
a  token  of  their  confidence  in  our  justice,  and 
of  their  friendship  for  our  cause,  and  who  are 
members  of  a  republic  which  was  second  in 
espousing  our  rank  among  nations.  .  ...  .  . 

"Another  class  of  creditors  is  that  illustrious 
and  patriotic  band  of  fellow-citizens,  whose  blood 
and  whose  bravery  have  defended  the  liberties 
of  their  country  ;  who  have  patiently  borne, 
among  other  distresses,  the  privation  of  their 
stipends,  while  the  distresses  of  their  country  dis 
abled  it  from  bestowing  them;  and  who,  even 
now,  ask  for  no  more  than  such  a  portion  of 
their  dues  as  will  enable  them  to  retire  from 
the  field  of  victory  and  glory  into  the  bosom  of 
peace  and  private  citizenship,  and  for  such  effect 
ual  security  for  the  residue  of  their  claims  as 
their  country  is  now  unquestionably  able  to  pro 
vide.  For  a  full  view  of  their  sentiments  and 
wishes  on  this  subject,  we  transmit  the  paper 
No.  7;  and  as  a  fresh  proof  and  lively  instance 
of  their  superiority  to  every  species  of  seduction 
from  the  paths  of  virtue  and  honor,  we  add  the 
paper  No.  8. 

"The  remaining  class  of  creditors  is  composed 
partly  of  such  of  our  fellow-citizens  as  originally 
lent  to  the  public  the  use  of  their  funds,  or  have 
since  manifested  most  confidence  in  their  country 


428  LIFE  AND  TIMES  OF  MADISON. 

by  receiving  transfers  from  the  lenders,  and 
partly  of  those  whose  property  has  been  either 
advanced  or  assumed  for  the  public  service.  To 
discriminate  the  merits  of  these  several  descrip 
tions  of  creditors  would  be  a  task  equally  unne 
cessary  and  invidious.  If  the  voice  of  humanity 
plead  more  loudly  in  favor  of  some  than  of 
others,  the  voice  of  policy,  no  less  than  of  jus 
tice,  pleads  in  favor  of  all.  A  wise  nation  will 
never  permit  those  who  relieve  the  wants  of 
their  country,  or  who  rely  most  on  its  faith,  its 
firmness,  and  its  resources,  when  either  of  them 
is  distrusted,  to  suffer  by  the  event." 

The  address  concludes  with  the  following  re 
flections,  worthy  alike  of  the  patriot,  the  states 
man,  and  the  enlightened  friend  of  freedom  and 
of  mankind. 

"Let  it  be  remembered,  finally,  that  it  has 
ever  been  the  pride  and  boast  of  America  that 
the  rights  for  which  she  contended  were  the 
rights  of  human  nature.  By  the  blessing  of  the 
Author  of  these  rights  on  the  means  exerted  for 
their  defence,  they  have  prevailed  against  all 
opposition,  and  form  the  basis  of  thirteen  inde 
pendent  States.  No  instance  has  heretofore  oc 
curred,  nor  can  any  instance  be  expected  here 
after  to  occur,  in  which  the  unadulterated  forms 
of  republican  government  can  pretend  to  so  fair 
an  opportunity  of  justifying  themselves  by  their 
fruits.  In  this  view,  the  citizens  of  the  United 
States  are  responsible  for  the  greatest  trust  ever 
confided  to  a  political  society. 


ADDRESS  TO   THE   STATES  BY  MR.  MADISON.  429 

"If  justice,  good  faith,  honor,  gratitude,  and 
all  the  other  qualities  that  ennoble  the  charac 
ter  of  a  nation,  and  fulfil  the  ends  of  govern 
ments,  be  the  fruits  of  our  establishments,  the 
cause  of  liberty  will  acquire  a  dignity  and  lustre 
which  it  has  never  yet  enjoyed ;  and  an  exam 
ple  will  be  set  which  cannot  but  have  the  most 
favorable  influence  on  the  rights  of  mankind. 
If,  on  the  other  side,  our  government  should  be 
unfortunately  blotted  with  the  reverse  of  these 
cardinal  and  essential  virtues,  the  great  cause 
which  we  have  engaged  to  vindicate  will  be  dis 
honored  and  betrayed ;  the  last  and  fairest  ex 
periment  in  favor  of  the  rights  of  human  nature 
will  be  turned  against  them,  and  their  patrons 
and  friends  exposed  to  be  insulted  and  silenced 
by  the  votaries  of  tyranny  and  usurpation." 

This  great  measure,  carried  through  Congress 
mainly  by  the  persevering  exertions  of  Mr.  Mad 
ison,  and  presented  to  the  States  by  his  lucid 
and  eloquent  pen,  had  encountered  the  steady, 
and  at  last  almost  solitary  opposition  of  Colonel 
Hamilton.  His  objections  to  the  plan  rested 
chiefly  on  the  agency  assigned  to  the  States  in 
the  appointment  of  the  officers  to  be  charged 
with  the  collection  of  the  proposed  revenues,  and 
the  limitation  of  the  grant  to  a  specific  term  of 
years.  He  also  desired  to  include,  with  the  other 
revenues  provided  for,  both  a  land  tax  and  a 
house  tax  to  be  imposed  directly  by  the  federal 
authority.  On  several  of  these  points,  his  opinions 


430  LIFE   AND  TIMES   OF  MADISON. 

were  overruled  by  repeated  votes  of  Congress; 
and  when  the  plan,  progressively  matured,  was 
finally  submitted  as  a  whole  to  the  House,  his 
vote  was  the  only  one,  besides  that  of  one  of 
the  delegates  of  Massachusetts,  (Mr.  Higginson,) 
recorded  with  the  stereotyped  negative  of  the 
Khode  Island  representatives  against  it.1 

The  political  disciples  and  admirers  of  Colonel 
Hamilton  have  made  a  merit  of  his  conduct  on 
this  occasion,  as  marking  superior  wisdom  and 
sagacity ;  and  have,  in  the  same  degree,  censured 
the  course  of  Mr.  Madison  for  concurring  in 
measures  deemed  by  them  inconsistent  with  the 
complete  efficiency  of  a  perfect  national  system. 
Without  entering  into  any  discussion  here  of  the 
relative  merits  of  different  systems,  in  an  abstract 
point  of  view,  it  is  sufficient,  in  the  present  con 
nection,  to  recall  the  remark  —  as  just  as  it  is 
striking  —  of  a  celebrated  and  practised  English 
statesman.  i^The  true  point  of  political  wisdom," 
he  says,  "  consists  in  distinguishing  justly  between 
what  is  absolutely  best  in  speculation,  and  what 
is  best  of  the  things  practicable  in  particular 
conjunctures." 2  /  The  plan  which  received  the 
sanction  of"  MrC  Madison  was  the  utmost  that  the 
prevailing  jealousies  of  federal  authority,  at  the 
time,  gave  any,  the  slightest  hope  of  obtaining 
from  the  States ;  and  the  urgent  and  vital  neces 
sities  of  the  republic  demanded  that  something 

1  Journals  of  Congress,  vol.  IV.         2  Bolingbroke,   Dissertation  on 
pp.  190,  191  Parties,  Lett.  vn. 


-OPPOSITION   OF   COLONEL  HAMILTON.         431 

practicable,  —  "the  best  of  the  things  practicable" 
in  the  existing  conjuncture  of  public  affairs  and 
public  sentiment,  —  should  be  presented  for  adop 
tion.1 

Mr.  Fitzsimmons,  a  leading  delegate  of  Penn 
sylvania,  a  high  authority  on  all  questions  of 
finance,  and  generally  concurring  with  Colonel 
Hamilton's  views  of  national  policy,  separated 
from  him  on  this  occasion;  and  on  the  20th  of 
March,  1783,  in  recording  his  vote  against  the 
substitute  proposed  by  Hamilton  for  the  plan  of 
the  committee,  he  declared  that,  "  on  mature  re 
flection,  he  was  convinced  that  a  complete  general 
revenue  was  unattainable  from  the  States,  was 
impracticable  in  the  hands  of  Congress,  and  that 
the  modified  provision  reported  by  the  commit 
tee,  if  established  by  the  States,  wrould  restore 

l  Mr.  Madison  himself,  in  the  merce,  and  to  call  for  the  deficiency 

following  remarks  made  by  him  in  in  the  most  permanent  way  that 

the  debates  on  this  subject,  clearly  could  be  reconciled  with  a  revenue 

defined  and  announced  the  princi-  established  within  each  State  sep- 

ples  of  political  action  by  which  arately,  and  appropriated  to  the 

he  was  governed.  common  treasury.  He  said  the 

"For  his  part,"  he  said,  "  al-  rule  which  he  had  laid  down  to 

though  for  various  reasons  he  had  himself  in  this  business  was,  to 

wished  for  such  a  plan  "  (that  is,  concur  in  every  arrangement  that 

as  he  had  before  said,  the  estab-  should  appear  necessary  for  an 

lishment  of  a  permanent  revenue,  honorable  and  just  fulfilment  of 

to  be  collected  and  applied  by  the  public  engagements,  and  in  no 

Congress)  "  as  most  eligible,  he  had  measure  tending  to  augment  the 

never  been  sanguine  that  it  was  power  of  Congress,  which  should 

practicable ;  and  the  discussions  appear  unnecessary  ;  and  particu- 

which  had  taken  place  had  finally  larly  disclaimed  the  idea  of  per- 

satisfied  him  that  it  would  be  ne-  petuatirig  a  public  debt."  See 

cessary  to  limit  the  call  for  a  gen-  Madison  Debates,  vol.  I.  pp.  354, 

pral  revenue  to  duties  on  com-  355. 


I 

432  LIFE  AND   TIMES   OF  MADISON. 

public  credit  among  ourselves.  He  apprehended, 
however,  that  no  limited  funds  would  procure 
loans  abroad,  which  would  require  funds  com 
mensurate  to  their  duration."1 

Washington,  who  had  followed  the  delibera 
tions  of  Congress  on  this  subject  with  the  deep 
est  anxiety  and  closest  attention,  gave  the  plan 
finally  adopted  by  Congress  his  warmest  ap 
proval.  In  that  noble  circular  letter  which  he 
addressed  about  this  time  to  the  governors  and 
legislatures  of  the  several  States,  on  the  occasion 
of  the  provisional  disbandment  of  the  army,  (8th 
of  June,  1783,)  and  which  he  desired  should  be 
considered  as  his  "legacy"  to  the  country  he 
had  so  long  and  faithfully  served,  he  speaks  of 
the  measure  itself,  and  of  the  address  by  which 
it  was  explained  and  recommended  to  the  States, 
in  the  following  terms  of  cordial  and  emphatic 
praise. 

"As  to  the  second  article,"  said  he,  "which 
respects  the  performance  of  public  justice,  Con 
gress  have,  in  their  late  address  to  the  United 
States,  almost  exhausted  the  subject.  They  have 
explained  their  ideas  so  fully,  and  have  enforced 
the  obligations  the  States  are  under  to  render 
complete  justice  to  all  the  public  creditors  with 
so  much  dignity  and  energy  that,  in  my  opinion, 
no  real  friend  of  the  honor  and  independence  of 
America  can  hesitate  a  single  moment  respecting 
the  propriety  of  complying  with  the  just  and 

1  See  Madison  Debates,  vol.  I.  p.  403. 


SYSTEMS   OF  HAMILTON  AND  MADISON.      433 

honorable  measures  proposed.  If  their  arguments 
do  not  produce  conviction,  I  know  of  nothing 
that  will  have  greater  influence ;  especially  when 
we  recollect  that  the  system  referred  to,  being 
the  result  of  the  collective  wisdom  of  the  conti 
nent,  must  be  esteemed,  if  not  perfect,  the  least 
objectionable  of  any  that  could  be  devised;  and 
that,  if  it  shall  not  be  carried  into  immediate 
execution,  a  national  bankruptcy,  with  all  its  de 
plorable  consequences,  will  take  place,  before 
any  different  plan  can  possibly  be  proposed  and 
adopted.  So  pressing  are  the  present  circum 
stances,  and  such  is  the  alternative  now  offered 
to  the  States." 

Although  relations  of  entire  cordiality  existed 
at  this  time  between  Colonel  Hamilton  and  Mr. 
Madison,  and  continued  many  years  afterwards, 
yet  the  characteristic  differences  of  their  political 
systems,  both  in  principle  and  temper,  began  to 
disclose  themselves  to  the  eye  of  the  attentive 
observer.  The  two  most  remarkable  official  pa 
pers  of  this  critical  epoch  in  our  history  pro 
ceeded  from  their  respective  pens :  the  answer 
to  the  Rhode  Island  objections  to  the  impost,  of 
the  16th  of  December,  1782,  from  that  of  Colo 
nel  Hamilton  ;  and  the  address  to  the  States,  in 
recommendation  of  the  revenue  system  of  the 
18th  of  April,  1783,  as  we  have  seen,  from  that 
of  Mr.  Madison. 

In  the  former  paper,  we  meet  with  high-toned 
and  uncompromising  notions  of  federal  power, — 

VOL.  I.  37 


434  LIFE   AND  TIMES   OF  MADISON. 

broad  and  startling  doctrines  of  implication  from 
powers  expressly  granted,  —  and  a  fond  and  con 
stant  recurrence  to  the  necessity  of  a  single 
directing  will,  with  the  favorite  doctrines  of  the 
author  respecting  the  beneficial  influences  of  a 
public  debt,  and  of  funding  systems.  In  the  ad 
dress  to  the  States,  on  the  other  hand,  we  recog 
nize  the  enlightened  caution  of  a  comprehensive 
and  practical  statesmanship,  dealing  with  the 
conflicting  elements  of  a  mixed  political  system, 
in  which  the  jealousies  of  State  pride  and  sov 
ereignty  were  to  be  reconciled  with  the  necessary 
efficiency  of  a  general,  but  not  unlimited,  per 
vading  power;  striving  after  that  harmonious 
union  and  cooperation  of  distinct  wills,  which  is 
of  the  essence  of  such  a  system,  instead  of  the 
absolute  and  exclusive  ascendency  of  a  single 
will ;  and  animated,  in  general,  with  that  "  spirit 
of  mutual  deference  and  concession  which"  the 
august  and  enlightened  body  that  finally  gave  a 
stable  constitution  to  the  country,  declared  "the 
peculiarity  of  our  political  situation  rendered  in 
dispensable." 

How  repugnant  to  the  prevailing  sentiment 
of  the  country  were  the  tone  and  doctrines  of 
the  political  creed  embodied  in  the  answer  to 
the  legislature  of  Khode  Island,  was  exemplified, 
in  a  singular  manner,  in  the  influence  they  ex 
erted  on  the  fate  of  the  proposition  of  Congress 
before  the  legislature  of  Virginia.  The  answer  to 
Khode  Island  was,  with  other  documents  referred 


CLAIMS   OF  POWER  ALARM  VIRGINIA.         435 

to,  placed  in  an  appendix  to  the  address  of  Con 
gress  recommending  their  plan  to  the  considera 
tion  of  the  States.  On  the  arrival  of  the  address 
in  Virginia,  the  sentiments  of  the  legislature, 
then  in  session,  were  exceedingly  favorable  to 
the  acceptance  of  the  proposed  plan;  and  its 
speedy  adoption  was  confidently  anticipated.  As 
time  and  opportunity  were  given,  however,  for 
the  examination  of  the  various  documents  which 
accompanied  the  address,  a  strong  spirit  of  oppo 
sition  soon  manifested  itself;  and  finally,  the 
proposition  was  rejected  by  the  votes  of  a  large 
majority  of  the  legislature.  Mr.  Madison's  col 
league,  Mr.  Jones,  who  was  a  member  of  the  body, 
and  then  attending  its  session  in  Richmond,  thus 
announced  to  him  the  result,  and  the  causes  which 
led  to  it,  in  a  letter  bearing  date  the  14th  of 
June,  1783:  — 

"The  plan  of  revenue  recommended  by  Con 
gress  has  been  considered  in  a  committee  of  the 
whole ;  and  the  result  is  contained  in  the  inclosed 
resolutions,  which  were  agreed  to  without  a  divis 
ion,  the  number  appearing  in  support  of  the 
plan  of  Congress  being  so  few  as  not  to  require 
it.  Mr.  Braxton  and  young  Mr.  Nelson  [after 
wards  Judge  William  Nelson]  only  supported  it. 
In  the  course  of  the  debate,  Mr.  Richard  Henry 
Lee  and  Mr.  Charles  Mynn  Thruston  spoke  of 
Congress  as  lusting  for  power.  The  idea  in  the 
letter  to  Rhode  Island,  that  Congress,  having  a 
right  to  borrow  and  make  requisitions  that  were 


436  LIFE   AND  TIMES   OF  MADISON. 

binding  on  the  States,  had  a  right  also  to  con 
cert  the  means  for  accomplishing  the  end,  was 
reprobated  in  general  as  alarming  and  of  danger 
ous  tendency.  In  short,  some  of  the  sentiments 
in  the  letter  to  Ehode  Island,  though  argumen 
tative  only,  operated  so  powerfully  on  people's 
minds  here  that  nothing  could  induce  them  to 
adopt  the  manner  recommended  by  Congress  for 
obtaining  revenue." 

In  a  subsequent  part  of  the  letter,  recurring  to 
the  same  subject,  after  speaking  of  the  probable 
success  of  another  measure,  he  says:  "I  enter 
tain,  however,  no  sanguine  expectation  of  any 
thing  I  hear  in  conversation,  since  the  great 
majority  against  the  plan  of  revenue,  which,  from 
conversations  when  I  first  arrived,  I  was  led  to 
believe  would  be  adopted.  Many  now  say  the 
reading  of  the  pamphlet  of  Congress  determined 
them  against  the  measure,  disapproving  the  sen 
timents  conveyed  in  the  letter  to  Khode  Island." l 

This  result  could  not  but  be  attended  with 
deep  mortification  to  Mr.  Madison,  who,  in  all 
his  correspondence  with  his  friends  in  Virginia, 
evinced  the  profound  interest  he  felt  in  the  re 
ception  of  the  propositions  of  Congress  by  the 
legislature  of  his  own  State.  His  feelings,  on 
being  informed  of  the  result,  were  briefly  ex 
pressed  in  a  letter  of  the  24th  of  June  to  his 
friend  and  former  colleague,  Mr.  Edmund  Ran 
dolph. 

1  Manuscript  letter  of  Hon.  Joseph  Jones  to  Mr.  Madison,  June  14, 
1783 


FINAL   SUPPORT  OF  VIRGINIA.  437 

"I  was  prepared,"  he  said,  "by  Mr.  Jones's  late 
letters,  for  the  fate  to  which  the  budget  of  Con 
gress  has  been  consigned ;  but  the  circumstances 
under  which  it  arrived  here  gave  peculiar  pun 
gency  to  the  information.  I  wish  that  those  who 
abuse  Congress  and  baffle  their  measures  may  as 
much  promote  the  public  good  as  they  profess 
to  intend.  I  am  sure  they  will  not  do  it  more 
effectually  than  is  intended  by  some,  at  least,  of 
those  who  promote  the  measures  of  Congress." 

But  this  mortification  and  disappointment  were 
happily  of  short  duration.  The  legislature,  when 
they  reassembled  a  few  months  afterwards,  had 
recovered  from  the  unfavorable  impressions  which 
had  their  origin  mainly  in  collateral  and  extrinsic 
circumstances ;  and  promptly  passed  an  act  for 
giving  effect  to  the  most  important  part  of  the 
recommendations  of  Congress.1  They  thus  sig 
nalized  their  loyalty  to  the  obligations  of  national 
faith  and  honor,  and  at  the  same  time  justified 
the  manly  independence  of  their  representative, 
who  had  so  boldly  and  nobly  risked  himself  for 
the  right  in  opposition  to  temporary  prejudice 
and  delusion. 

NOTE. 

In  a  late  publication,  entitled,  "  History  of  the  American  Repub 
lic,  &c.,  by  J.  C.  Hamilton,"  (see  vol.  n.  pp.  398,  399,)  a  reckless 
charge  is  mp>de  against  Mr.  Madison,  of  falsifying  his  reports  of  the 
proceedings  of  the  Congress  of  1782-3,  with  the  special  view  of  mis 
representing  the  votes  and  opinions  of  Colonel  Hamilton  in  that  body. 
Could  even  the  most  prejudiced  and  embittered  mind  suppose  Mr. 

i  Hen.  Stat.  vol.  xi.  pp.  350-352. 
37* 


438  LIFE   AND  TIMES   OF  MADISON. 

Madison  capable  of  so  great  a  baseness,  it  could  hardly  be  imagined 
that  he  would  perpetrate  the  low  and  paltry  crime  without  an  adequate 
motive.  But  at  the  time  when  the  reports  in  question  were  taken,  and 
many  years  afterwards,  as  is  shown  by  their  correspondence,  the  most 
friendly  personal  relations,xand,  on  some  points,  a  cordial  political  coop 
eration,  existed  between  Mr.  Madison  and  Colonel  Hamilton.  It  can 
not  fail  to  be  remarked  also  that,  in  most  of  the  instances  in  which 
these  falsifications,  with  the  intent  to  misrepresent  Colonel  Hamilton, 
are  charged,  nothing  is  imputed  to  him  but  what  would  render  his  con 
duct  more  meritorious,  according  to  the  views  and  opinions  entertained 
by  the  reporter,  and  where,  too,  by  the  evidence  furnished  by  the  re 
porter,  no  credit  could  be  gained  to  himself  at  the  expense  of  Colonel 
Hamilton. 

Take,  for  example,  Mr.  Madison's  report  of  the  proceedings  on  the 
proposition  for  the  establishment  of  permanent  and  adequate  general 
funds,  in  which  he  is  accused  of  designing,  by  a  false  report,  to  place 
himself  in  priority  of  time  to  Colonel  Hamilton  in  the  suggestion  of 
that  proposition.  It  will  be  seen  that  Mr.  Madison,  in  his  "  Debates," 
records  the  fact  that  the  principle  of  the  proposition  was  embodied  in 
a  report  on  the  claims  of  the  army  made  by  Colonel  Hamilton,  and 
adopted  by  Congress  three  days  before  his  own  motion  [Madison  De 
bates,  vol.  i.  pp.  275-280]  ;  and  again,  the  "Debates"  show  the  dec 
laration  of  Mr.  Wilson,  the  mover  of  the  proposition  which  was  modified 
by  Mr.  Madison,  that  he  had  been  led  to  bring  forward  his  proposition 
by  the  previous  action  of  Congress  in  favor  of  Colonel  Hamilton's  re 
port.  [Idem,  p.  299.] 

That  Mr.  Madison  has  given  a  most  faithful  and  accurate  account  of 
the  successive  phases  and  modifications  through  which  the  proposition 
was  developed  into  the  form  in  which  it  was  finally  adopted  by  Con 
gress,  is  abundantly  proved  by  the  very  minuteness  of  his  report,  day 
after  day,  of  the  proceedings  upon  it ;  if,  indeed,  the  intrinsic  voucher 
of  his  own  high  and  unassailable  character  could  be  supposed  to  stand 
in  need  of  collateral  support. 

It  is  nothing  to  the  purpose  to  say,  as  the  writer  in  question  does, 
that  the  journals  show  no  such  resolution  as  that  either  of  Mr.  Wilson  or 
Mr.  Madison.  It  is  well  known  that  the  general  rule  pursued  in  keep 
ing  the  journals  of  the  old  Congress  was  not  to  record  propositions  un 
til  they  were  definitively  acted  upon  in  the  House,  and  to  take  no  note 
whatever  of  proceedings  in  committee  of  the  whole.  The  journals 
show,  in  conformity  to  Mr.  Madison's  statement,- that  on  the  29th  of 
January,  1783,  Congress  resolved  itself  into  a  committee  of  the  whole 


POSTHUMOUS   ATTACK  ON  MR.  MADISON.     439 

to  consider  the  most  effectual  means  of  restoring  and  supporting  public 
credit,  and  that  the  motion  then  before  the  House  was  referred  to  the 
committee.  [Journals  of  Congress,  vol.  iv.  p.  153.]  It  was  in  that 
committee  that  the  proposition  of  Mr.  Wilson,  as  new  modelled  by  Mr. 
Madison,  was  acted  upon  and  adopted  [see  Madison  Debates,  vol.  I. 
pp.  302-304];  and  on  the  12th  day  of  February  following,  it  was 
taken  up  for  consideration  in  the  House,  and  there  passed,  as  "the  jour 
nals  show,  in  the  precise  form  in  which  it  is  reported  by  Mr.  Madison 
as  having  been  agreed  to  in  committee  of  the  whole  on  the  29th  of 
January.  [Journals  of  Congress,  vol.  iv.  p.  160.] 

The  writer  referred  to  alleges,  in  contradiction  of  Mr.  Madison's  con 
temporaneous  report,  that  the  motion  attributed  by  Mr.  Madison  to 
Mr.  Wilson  was,  in  fact,  offered  by  Colonel  Hamilton,  without  any 
other  proof  of  his  assertion  than  a  copy  of  a  resolution  taken,  he  says, 
from  an  autograph  of  Colonel  Hamilton  in  the  archives  of  the  depart 
ment  of  state.  Even  if  the  resolution  in  the  handwriting  of  Colonel 
Hamilton  corresponded  exactly  with  the  proposition  which,  Mr.  Madi 
son  positively  states,  was  introduced  by  Mr.  Wilson,  it  would,  by  no 
means,  prove  that  Colonel  Hamilton,  and  not  Mr.  Wilson,  offered  it; 
but  the  resolution  produced  is  shown  by  comparison  not  to  be  identi 
cal,  either  with  the  proposition  of  Mr.  Wilson  or  that  finally  adopted 
by  Congress.  It  differs  from  the  motion  of  Mr.  Wilson  by  the  intro 
duction  of  a  clause  which,  according  to  Mr.  Madison's  report,  was 
added  on  the  motion  of  Mr.  Gorham,  [Madison  Debates,  vol.  i.  pp.  285, 
286,]  and  from  the  resolution  as  adopted  by  Congress  in  other  and  va 
rious  respects. 

These  are  in  themselves  matters  of  small  importance,  and  would  be 
altogether  unworthy  of  the  notice  we  have  bestowed  upon  them,  but 
for  the  use  that  has  been  attempted  to  be  made  of  them  to  bolster  up 
a  charge  of  falsehood  and  misrepresentation  against  Mr.  Madison. 

With  regard  to  the  proceedings  of  Congress  in  endeavouring  to  de 
vise  some  satisfactory  mode  of  arriving  at  a  valuation  of  lands  in  the 
respective  States  as  a  basis  of  federal  assessments,  (the  subject  of 
another  charge  against  Mr.  Madison  of  misrepresenting  Colonel  Ham 
ilton  in  his  reports  of  the  debates  of  Congress,)  it  is  shown  by  incon 
trovertible  facts  that  Colonel  Hamilton  and  Mr.  Madison  agreed  in 
their  opinions  of  the  futility  of  those  proceedings.  They  voted  "together 
against  the  abortive  project  that  was  adopted  by  a  majority  of°  Con 
gress;  and  they  also  united  in  support  of  a  new  and  different  rule  of 
apportionment  which  was  very  soon  afterwards  recommended  to  the 
States.  [See  Journals  of  Congress,  vol.  iv.  pp.  163,  164,  and  182, 


440  LIFE  AND  TIMES  OF  MADISON. 

183.]  If  both  he  and  Colonel  Hamilton  threw  out  tentative  proposi 
tions,  neither  of  which  was  adopted,  what  possible  motive  could  Mr. 
Madison  have  had  for  attributing  to  Colonel  Hamilton  any  suggestion 
of  that  kind  which  he  did  not  in  reality  make  ?  On  the  main  point  of 
the  impracticability  of  establishing  a  reliable  valuation  of  lands  in  the 
several  States,  let  the  reader  refer  to  the  strong  language  of  Colonel 
Hamilton's  letter  to  the  governor  of  New  York  on  the  subject,  [see  it 
in  History  of  the  American  Republic,  vol.  n.  pp.  369-376,]  and  then 
say  what  ground  there  is  for  the  charge  brought  against  Mr.  Madison 
of  misrepresenting  and  misstating  the  opinions  of  Colonel  Hamilton  in 
that  regard. 

There  is  one  other  instance  in  which  this  charge  of  falsification  is 
brought  against  Mr.  Madison,  which  we  will  briefly  notice,  and  then 
dismiss  the  revolting  theme.  It  relates  to  the  proceedings  of  a.  grand 
committee  of  Congress,  on  the  7th  of  December,  1782,  on  the  subject 
of  compounding  with  the  holders  of  the  old  depreciated  continental 
paper  money.  It  appears  that  all  the  members  of  the  committee,  with 
the  exception  of  Mr.  Carroll  of  Maryland,  were  agreed  on  the  prin 
ciple  of  some  indemnification ;  and  that  the  only  question  was,  as  to 
the  rate  of  depreciation  at  which  the  emissions  should  be  redeemed. 

Various  rates  were  proposed ;  among  others,  1  for  40,  that  being 
the  rate  at  which  Congress,  by  their  resolution  of  the  18th  of  March, 
1780,  allowed  the  States  to  pay  in  their  quotas  to  the  federal  treasury. 
That  resolution,  which  was  itself  denounced  at  the  time  as  a  gross 
breach  of  the  public  faith,  was  insisted  upon  by  some  as  pledging  the 
public  faith,  in  all  future  time,  to  redemption  at  the  specified  rate.  On 
the  other  hand,  it  was  regarded  simply  as  recognizing  and  fixing  the 
actual  rate  of  depreciation  at  which,  about  the  period  of  the  resolution, 
the  money  had  passed  in  ordinary  transactions  of  business.  But  since 
that  time,  it  had  passed  at  far  lower  rates  of  depreciation,  till  it  had 
ceased  to  circulate,  and  finally  sunk  almost  to  nothing.  Under  this 
view  of  the  subject,  but  a  single  vote  was  given  in  favor  of  1  for  40. 

Other  rates  were  then  put  to  the  vote, —  1  for  75,  1  for  100,  and  1 
for  150.  Mr.  Madison,  in  reporting  the  votes  given  in  grand  commit 
tee  on  these  several  rates,  represents  Colonel  Hamilton  and  Mr.  Fitz- 
simmons  as  voting  in  favor  of  1  for  100,  —  he  himself  not  voting  for 
any  of  the  rates  proposed,  as  "  in  many  cases  the  money  had  changed 
hands  at  a  value  far  below  any  rate  that  had  been  named."  [Madison 
Debates,  vol.  i.  pp.  226-228.] 

This  writer,  so  lavish  in  his  criminations  of  Mr.  Madison,  boldly  pro 
nounces  the  foregoing  statement  of  the  proceedings  of  the  grand  com- 


POSTHUMOUS  ATTACK  ON  MR.  MADISON.     441 

mittee  to  be  "incorrect  in  all  its  parts,"  though  he  produces  no  state- 
ment  of  what  those  proceedings  were  ;  and  he  charges  that  the  "  object" 

<  the  statement  was  "to  represent  Hamilton  as  voting  in  favor  of  a 
breach  of  fa-th.';  [History  of  the  American  Republic,  ™1.  „.  pp.  353- 

56.]  Now,  ,t  ,s  obv,ous  to  remark  that,  in  the  view  of  the  reporter 
there  was  no  breach  of  faith  in  the  vote  imputed  to  Hamilton  ;  and  the 
greater  the  rate  of  depreciation  for  which  Hamilton  had  voted  the 

.ore  pra,Seworthy  the  reporter  would  have  considered  the  vote,  as  pro. 
testing  the  public  from  the  effect  of  unconscionable,  if  not  fraudulent 
speculations. 

The  writer,  finding  from  the  journals  that  Congress  acted  on  the 
.ubjec  of  depreciation  on  the  7th  of  January,  1783,  arbitrarily  and  gra 
tuitously  confounds  the  proceedings  of  the  House  with  the  proceed^ 
.e  grand  committee,  and  then  'accuses  Mr.  Madison  of  "altering 
the  date  of  those  proceedings  from  the  7th  of  Januarv  to  the  7th  of 
December,  and  of  representing  the  proceedings  as  having  taken  place 
m  grand  committee  instead  of  the  House,  in  order  "to  give  color  to 
h,s  alterafon  of  the  date,"  and  to  escape  the  danger  of  contradiction 

elsewhere  sas- 


»  certainly  does  not  follow  as  a  matter  of  course,  because  the  House 
acted  on  the  report  of  the  grand  committee  on  the  7th  of  January  as 
the  journals  show,  that  the  grand  committee  did  not  meet  and  deliber 
ate  on  the  subject  of  their  report  on  the  7th  of  December  preceding 
as  Mr  Mad,son  state,  The  grand  committee  met  also  on  the  24th  of 
December;  and  all  the  various  rates  of  depreciation  proposed  at  their 
rewous  meeting  having  then  successively  failed,  it  was  finally  agreed 

lfor40-  [See 


But  upon  the  coming  in  of  the  report,  Mr.  Madison  states,  the  chair 
decided  that,  accordmg  to  rule,  the  blank  should  not  have  been  filled 
up  by  he  commie;  and  so  the  rate  was  expunged.  This,  doubtless, 
led  to  the  mot,on  made  by  Colonel  Hamilton  in  the  House,  when  the 
report  of  the  committee  was  taken  up  for  consideration  on  the  7th  of 
January,  to  fill  the  blank  with  the  word  "  forty,'-  that  having  been  the 

thlvs°  ?  :  :°rittoe-  The  raotion  rece!ved  «*>  ™<-  *  «*? 

three  States  out  of  the  twelve  present,  Colonel  Hamilton's  own  State 
being  dmded  [Journals  of  Congress,  vol.  ,y.  p.  M8].  and  if  the  re- 
jecfon  of  1  for  40  was  a  breach  of  public  faith,  as  L  writer  alleges, 
rt  certamly  met  w,th  a  very  large  sanction  for  an  act  of  national  di, 


442  LIFE  AND  TIMES   OF  MADISON. 

But  the  final  and  conclusive  argument  triumphantly  brought  forward 
by  the  writer  against  the  truth  of  Mr.  Madison's  report  is,  that  "  Colo 
nel  Hamilton  was  not  a  member  of  the  committee,  and  consequently 
could  not  have  given  the  vote  imputed  to  him  by  Madison,  or  any  other 
vote."  In  support  of  this  assertion,  the  writer  refers  to  the  Journal  of 
Congress,  which,  in  giving  an  account  of  the  action  of  the  body  on  the 
report  of  the  grand  committee  on  the  7th  of  January,  professes  to 
enumerate  the  names  of  the  members  of  whom  the  committee  con 
sisted,  and  does  not  include  among  them  that  of  Colonel  Hamilton. 

The  journal,  in  this  enumeration,  is  evidently  governed  by  the  list 
of  those  who  originally  composed  the  committee,  which  had  been  raised 
during  the  preceding  Congress.  That  Colonel  Hamilton  was  subse 
quently  put  upon  the  committee,  and  was  a  member  of  it  at  the  time 
to  which  Mr.  Madison's  statement  relates,  is  sufficiently  shown  by  other 
facts  appearing  upon  the  journal,  as  well  as  by  the  positive  averment 
of  Mr.  Madison.  A  grand  committee  consisted,  as  its  title  imports,  of 
a  member  from  each  State.  Mr.  Duane  was  the  member  of  the  com 
mittee  originally  taken  from  New  York,  and  his  name  appears  as  such 
among  those  given  in  the  journal.  The  journal,  however,  shows  that 
he  and  his  colleague,  Mr.  L'Hommedieu,  obtained  formal  leave  of  ab 
sence  from  Congress  on  the  27th  of  November,  1782,  and  that  he  did 
not  resume  his  seat  until  the  16th  day  of  July,  1783.  [See  Journals 
of  Congress,  vol.  iv.  pp.  110  and  239.] 

Some  one  must  have  been  taken  from  New  York  to  supply  the  place 
left  vacant  in  the  grand  committee  by  his  absence  ;  and  who  so  likely 
to  be  chosen  for  the  vacancy  as  Colonel  Hamilton  ?  He  came  in,  with 
a  distinguished  reputation,  as  a  member  of  the  new  Congress  that  com 
menced  its  term  the  first  Monday  in  November,  1782,  and  took  his 
seat  in  the  body  on  the  25th  of  that  month.  Mr.  Floyd,  who  took  his 
seat  two  days  later,  was  the  only  other  member  from  New  York  pres 
ent  for  several  months  after  the  departure  of  Messrs.  Duane  and 
L'Hommedieu. 

It  is  in  the  same  manner  that  Mr.  Madison  became  a  member  of  the 
grand  committee.  His  name  does  not  appear  among  those  enumerated 
in  the  journal,  any  more  than  that  of  Colonel  Hamilton.  The  mem 
ber  there  mentioned  as  being  upon  the  grand  committee  from  Virginia 
was  Mr.  Arthur  Lee.  But  it  is  shown  by  the  journal  that  he  obtained 
leave  of  absence  on  the  4th  of  October,  1782,  and  did  not  return  until 
the  16th  day  of  July,  1783,  the  day  of  Mr.  Duane's  return.  Mr.  Mad 
ison  was,  doubtless,  put  in  his  place,  though  no  entry  either  of  his  ap 
pointment  or  of  that  of  Colonel  Hamilton,  appears  upon  the  journal; 


POSTHUMOUS  ATTACK   ON  MR.  MADISON.     443 

which  was  kept,  as  is  well  known  to  all  who  have  had  occasion  to  look 

to  our  earlv  congressional  history,  in  a  very  loose  and  imperfect  man- 

the  silence  of  the  journal  is  to  be  regarded  as  of  any  weight 

it  proves  that  no  persons  whatever  were  appointed  to  supply  the  places 

t  Mr.  Lee  and  Mr.  Duane  on  the  grand  committee,  for  there  is  men- 

)f  none  :  but  that  is  a  supposition  wholly  inadmissible. 
We  have  thus,  once  for  all,  and  with  a  revulsion  of  feelin*  which  it 
is  difficult  to  describe,  noticed  charges  of  the  grossest  and  most  offen 
sive  nature  against  one  of  the  purest  and  most  elevated  characters  that 
ever  adorned  humanity,  -  one  "whose  pure  and  spotless  virtue,"  a 
great  contemporary,  who  knew  him  well,  has  said,  "no  calumny  has 
ever  attempted  to  sully."  We  would  fain  indulge  the  hope  that  we 
might  have  spared  ourselves  this  unwelcome  task;  for  who  that  cher- 
s  the  national  reputation,  who  that  has  the  slightest  faith  in  the 
principles  of  truth  and  honor  in  the  human  breast,  can  seriously  be 
lieve  that  one  who  had  so  long  and  so  conspicuously  enjoyed  the  respect 
and  veneration  of  his  countrymen  in  places  of  the  highest  trust,  could 
ever  have  been  capable  of  the  acts  of  baseness  and  falsehood  with 
which  he  is  now  charged  by  a  solitary  accuser  ? 


UF17EESITY 


CHAPTER    XV. 

Questions  in  Congress  growing  out  of  Cession  of  Northwest  Terri 
tory  by  Virginia  —  Influence  of  Land  Companies  —  Geographical 
and  political  Combinations  against  the  Claims  of  Virginia  —  Let 
ters  of  Mr.  Madison  with  Regard  to  them  —  Proceedings  and  Re 
port  of  the  Committee  to  which  the  Subject  was  referred  —  Attempt 
to  set  up  adverse  Title  in  New  York  —  Researches  and  Labors  of 
Mr.  Madison  in  Defence  of  Virginia  Title  —  Alliance  between 
Adversaries  of  the  territorial  Rights  of  Virginia  and  Partisans  of 
the  Independence  of  Vermont  —  Mr.  Madison's  Account  of  the 
State  of  Parties  in  Congress  on  these  two  Questions  —  He  pre 
dicts  the  ultimate  Acceptance  of  the  Terms  of  Virginia,  if  the 
State  remain  firm  and  prudent  —  Mr.  Witherspoon's  Resolutions  — 
New  Committee  appointed  to  consider  Cession  of  Virginia  —  Re 
monstrance  of  New  Jersey  —  Design  of  Adversaries  of  Virginia  to 
limit  her  Western  Boundary,  if  possible,  to  the  Alleghany  Moun 
tains  —  Final  Compromise,  and  Acceptance  of  the  Cession  by  Con 
gress —  Influence  of  Mr.  Madison  in  accomplishing  the  Result  — 
History  of  Vermont  Question  —  Proceedings  of  Congress  upon 
it  —  New  York  and  New  Hampshire  resist  Claim  of  Vermont  to 
be  considered  an  independent  State  —  Views  of  Mr.  Madison  on 
the  Subject  —  Powerful  Combination  of  Interests  in  Congress  fa 
vorable  to  Independence  of  Vermont,  and  her  Admission  as  a  State 
into  the  Confederacy  —  Acts  of  Violence  committed  by  her  Author 
ities  prevent  Consummation  of  the  Plan  —  Compelled  to  await  the 
regular  Exercise  of  the  Power  granted  by  the  Constitution  of 
1788,  before  she  is  finally  admitted  into  the  Union. 


TERRITORIAL   CESSION  OF  VIRGINIA.         445 

AMONG  the  important  subjects  which  occupied 
the  attention  of  Congress  at  this  time,  few  were 
attended  with  more  complications,  or  exercised  a 
more  sensible  influence  on  the  reciprocal  interests 
and  relations  of  the  States  than  the  questions 
which  grew  out  of  the  cession  of  her  northwest 
ern  territory  by  Virginia.  We  have  seen  what 
jealousies  had  been  excited  in  many  of  the  States 
by  the  great  extent  of  the  limits  of  Virginia,  as 
defined  by  her  charter;  and  that,  to  quiet  those 
jealousies,  and  to  promote  harmony  and  union, 
she  had,  on  the  2d  day  of  January,  1781,  prof 
fered  to  Congress  a  cession  of  the  whole  of  the 
territory  claimed  by  her  northwest  of  the  river 
Ohio,  embracing  what  are  now  five  of  the  most 
prosperous  and  powerful  States  of  the  Union. 

To  this  munificent  donation  were  annexed  such 
conditions  as  appeared  to  her  plainly  just  and 
equitable.  Among  them  were  the  following :  that 
she  should  be  reimbursed  the  expenses  incurred 
by  her  in  conquering  and  defending  the  ceded 
territory  during  the  war;  that  the  French  and 
other  inhabitants,  who  had  professed  themselves 
citizens  of  Virginia,  should  be  protected  in  the 
enjoyment  of  their  rights  and  property ;  that 
Colonel  George  Rogers  Clarke,  and  the  officers 
and  soldiers  who  accompanied  him  in  the  expe 
dition  by  which  the  British  posts  in  that  country 
were  reduced,  should  have  a  certain  quantity  of 
land  laid  off  for  them,  in  fulfilment  of  the  prom 
ises  made  to  them  by  Virginia ;  and  also,  if  the 

VOL.  I.  38 


446  LIFE   AND   TIMES   OF  MADISON. 

quantity  of  good  lands  on  the  southeast  side  of 
the  Ohio,  which  had  been  set  apart  by  Virginia 
for  her  troops  on  continental  and  State  estab 
lishment,  should  prove  insufficient  to  satisfy  their 
legal  bounties,  the  deficiency  was  to  be  made  up 
to  them  in  good  lands  to  be  laid  off  between  the 
Scioto  and  the  Miami  on  the  northwest  side  of 
the  Ohio. 

To  these  provisions  of  a  special  nature,  were 
added  stipulations  of  a  more  general  character, 
which  equally  concerned  the  interests  of  all  the 
States ;  to  wit,  that  the  ceded  territory  should,  in 
due  time,  be  formed  "  into  republican  States " ; 
that  all  the  unappropriated  and  ungranted  lands 
within  the  same  should  be  considered  as  "  a  com 
mon  fund  for  the  use  and  benefit"  of  all  the 
members  of  the  confederacy,  to  be  "faithfully 
and  bond  fide  disposed  of  for  that  purpose,  and 
for  no  other  use  or  purpose  whatsoever;"  and, 
"consequently,  that  all  purchases  and  deeds  ob 
tained  from  Indians,  for  the  use  and  benefit  of 
any  private  person  or  persons  whatsoever,  and 
royal  grants,  within  the  ceded  territory,  inconsist 
ent  with  the  chartered  rights,  laws,  and  customs 
of  Virginia,  be  deemed  and  declared  absolutely 
void  and  of  no  effect."  Finally,  in  consideration 
of  the  immense  extent  and  value  of  this  cession, 
Virginia  asked  that  her  remaining  territory  should 
be  guaranteed  to  her  by  the  United  States. 

It  was  to  have  been  hoped  that,  whatever  dis 
satisfaction    and   jealousy    had    been    previously 


CLAIMS   OF  LAND   COMPANIES.  447 

raised  in  the  minds  of  many  of  the  other  States 
by  the  superior  territorial  dimensions  of  Virginia, 
would  have  been  at  once  allayed  by  this  gener 
ous  offer  to  surrender  so  large  a  portion  of  her 
inheritance  for  the  common  good,  and  that  the 
offer  would  have  been  promptly  and  cordially 
accepted  by  Congress.  Such,  unhappily,  was  not 
the  spirit  in  which  the  proffered  cession  was  met. 
The  unfriendly  jealousy  of  some  of  the  other 
States  exacted  a  yet  larger  sacrifice  of  her  do 
main;  and  hopes  were  entertained  that  by  vex 
atious  delays,  and  devices  of  one  kind  or  another, 
her  limits  might  be  ultimately  restricted  to  the 
narrow  boundary  of  the  Alleghanies,  which  form 
the  dividing  ridge  between  the  Eastern  and 
Western  waters. 

Cooperating  with  these  feelings  of  State  jeal 
ousy  and  envy,  were  the  interests  of  certain  large 
and  powerful  land  companies,  embracing  in  their 
associations  numerous  and  influential  individuals 
in  several  of  the  States.  The  claims  of  these 
companies  lay  within  the  chartered  limits  of  Vir 
ginia,  and  had  been  acquired  in  open  violation 
of  her  laws  and  territorial  rights,  as  well  as  in 
opposition  to  the  established  usages  and  maxims 
of  American  public  law  respecting  transactions 
with  the  aborigines.  Forming  as  they  would,  if 
allowed,  a  very  large  subtraction  from  what  was 
intended  as  a  common  and  public  fund  for  the 
benefit  of  the  confederacy  and  the  discharge  of 
the  national  engagements,  Virginia  made  it  one 


448  LIFE  AND  TIMES   OF  MADISON. 

of  the  articles  of  her  proffered  cession  that  these 
claims  should  be  considered,  as  they  were  in  law, 
absolutely  null  and  of  no  effect.  Such  a  stipula 
tion,  of  course,  arrayed  against  the  cession  the  in 
terested  hostility  of  the  land  companies  and  all 
who  were  connected  with  them. 

On  the  31st  of  January,  1781,  the  cession  of 
Virginia,  together  with  cessions  tendered  by  New 
York  and  Connecticut,  was  referred  to  a  com 
mittee  of  seven  members.  At  a  later  day,  it 
seems  that  these  territorial  cessions  were  recom 
mitted  to  another  committee  of  five,1  to  which 
were  also  committed  memorials  from  the  land 
companies.  The  new  committee  consisted  of 
members  taken  from  States,  all  of  which,  with  a 
single  exception,  had  signalized  themselves  by 
their  vehement  opposition  to  the  territorial  rights 
of  Virginia;  to  wit,  New  Jersey,  represented  in 
the  committee  by  Mr.  Boudinot,  Ehode  Island 
by  Mr.  Varnum,  Maryland  by  Mr.  Jenifer,  Penn 
sylvania  by  Mr.  Smith,  and  New  Hampshire  by 
Mr.  Livermore.  The  hostile  composition  of  the 
committee,  as  well  as  the  ominous  reference  of 
the  memorials  of  the  land  companies,  significantly 
prefigured  the  character  of  the  report  that  was 
to  be  expected  from  it. 

1  The  original  appointment  of  mention  of  the  members  who  com- 

this  committee  is   nowhere  noted  posed  it,  is  on  the  1st  of  May,  1782, 

on  the  journals  of  Congress.     The  when  the  report  was  taken  up  for 

first,  notice  of  its  existence  we  meet  consideration.      Journals  of  Con- 

with  in  the  journals  is  on  the  16th  gress,  vol.  IV.  pp.  20-25. 
of  October,  1781;    and   the  first 


HOSTILE   SPIRIT  TOWARDS  VIRGINIA.         449 

Mr.  Madison,  writing  to  Judge  Pendleton  on 
the  30th  of  October,  1781,  gives  the  following 
account  of  the  spirit  of  Congress  and  of  the  com 
mittee  on  the  subject :  — 

"You  are  not  mistaken  in  your  apprehension 
for  our  Western  interests.  An  agrarian  law  is 
as  much  coveted  by  the  little  members  of  the 
Union  as  ever  it  was  by  the  indigent  citizens  of 
Rome.  The  conditions  annexed  by  Virginia  to 
her  territorial  cession  have  furnished  a  commit 
tee  of  Congress  a  handle  for  taking  up  questions 
of  right,  both  with  respect  to  the  ceding  States 
and  the  great  land  companies,  which  they  have 
not  before  ventured  to  touch.  We  have  made 
every  opposition  and  remonstrance  to  the  con 
duct  of  the  committee  which  the  forms  of  pro 
ceeding  will  admit.  When  a  report  is  made,  we 
shall  renew  our  efforts  upon  more  eligible  ground, 
but  with  little  hope  of  arresting  any  aggression 
upon  Virginia,  which  depends  solely  on  the  in 
clination  of  Congress." L 

It  appears  that  the  committee  had  given  notice 
to  the  delegates  of  Virginia  that,  on  a  certain 
day,  they  should  proceed  to  hear  the  agents  of 
the  land  companies  in  support  of  their  claims, 
and  consequently  in  opposition  to  the  title  of 
the  State.  The  delegates,  considering  that,  under 
the  articles  of  confederation,  neither  the  commit 
tee  nor  Congress  itself  had  any  jurisdiction  to 
pass  upon  the  title  by  which  a  State  holds  and 

1  Madison  Debates  and  Correspondence,  vol.  I.  pp.  99,  100. 
38* 


450  LIFE   AND   TIMES   OF  MADISON. 

claims  the  territory  lying  within  her  declared 
limits,  —  a  position  which  she  had  impregnably 
assumed,  as  we  have  already  seen,1  by  her  re 
monstrance  to  Congress  of  the  10th  of  Decem 
ber,  1779,  —  and  feeling,  moreover,  that  it  was  a 
manifest  "derogation  from  the  sovereignty  of  a 
State  to  be  drawn  into  a  contest  by  an  individual 
or  company  of  individuals,"  very  properly  declined 
to  appear  before  the  committee  upon  the  sum 
mons  addressed  to  them.  They  then  appealed 
to  Congress  to  arrest  these  irregular  proceedings 
of  the  committee  by  an  authoritative  declaration 
of  the  legitimate  extent  of  their  powers ;  but  the 
appeal  was  made  in  vain.2 

At  length  the  committee,  on  the  3d  day  of 
November,  1781,  made  their  report,  which  bore, 
to  the  fullest  extent,  all  those  features  of  intense 
jealousy  and  hostility  towards  Virginia  which  had 
been  foreshadowed.  They  declare  that  "all  the 
lands  ceded,  or  pretended  to  be  ceded,  to  the 
United  States  by  the  State  of  Virginia,"  are  a 
part  of  the  lands  belonging  to  the  Six  Nations 
of  Indians  and  their  tributaries,  the  jurisdiction 
of  which  is  appendant  to  the  government  of  New 
York.  They,  therefore,  recommend  the  acceptr 
ance  of  the  cession  of  New  York,  as  thereby 
"  the  jurisdiction  of  the  whole  Western  territory, 
belonging  to  the  Six  Nations  of  Indians  and  their 
tributaries,  will  be  vested  in  the  United  States, 

1  Ante,  pp.  207,  208. 

2  Journal*  of  Cou.gresfl,  voL  in.  pp.  676,  677,  and  681 


REPORT  OF   COMMITTEE.  451 

greatly  to  the  advantage  of  the  Union."  At  the 
same  time,  they  emphatically  counsel  the  rejec 
tion  of  the  proffered  cession  of  Virginia. 

They  proceed  to  say,  in  regard  to  the  lands 
reserved  by  Virginia  on  the  southeast  of  the 
Ohio,  that  even  they  are  "within  the  claim  of 
New  York,  being  a  part  of  the  country  of  the 
said  Six  Nations  and  their  tributaries."  In  this 
connection,  they  disclose  the  bold  but  fondly 
cherished  project  of  limiting  the  western  exten 
sion  of  Virginia  by  the  Alleghany  ridge  of  moun 
tains;  declaring  that  "a  large  part  of  the  lands 
last  aforesaid  are  to  the  west  of  the  west  boun 
dary  line  of  the  late  colony  of  Virginia  as  estab 
lished  by  the  King  of  Great  Britain  in  council, 
previous  to  the  present  Kevolution,"  and  that  "  in 
1763  a  very  large  part  thereof  was  separated 
and  appointed  for  a  distinct  government  and  Col 
ony  by  the  King,  with  the  knowledge  and  appro 
bation  of  the  government  of  Virginia." 

A  sweeping  condemnation  is  then  pronounced 
on  the  conditions  annexed  to  the  cession  of  Vir 
ginia,  as  "incompatible  with  the  honor,  interests, 
and  peace  of  the  United  States,  and  therefore,  in 
the  opinion  of  the  committee,  altogether  inad 
missible."  Finally,  Virginia  is  arrogantly  called 
on,  "as  she  values  the  peace,  welfare,  and  in 
crease  of  the  United  States,"  to  reconsider  her 
act  of  cession,  and,  by  "a  proper  act  for  that 
purpose,  cede  to  the  United  States  all  claims  and 
pretensions  of  claims  beyond  a  reasonable  west- 


452  LIFE   AND   TIMES   OF  MADISON. 

ern  boundary,  consistent  with  her  former  acts 
while  a  Colony  under  the  power  of  Great  Britain," 
and  "free  from  any  conditions  and  restrictions 
whatever." ] 

With  regard  to  the  land  companies,  they 
recommend  the  absolute  confirmation  of  the 
claims  of  one  of  them,  (the  Indiana  Company,) 
although  those  claims,  lying  exclusively  within 
the  limits  of  Virginia,  had  been  declared  "  utterly 
void  and  of  no  effect"  by  a  solemn  decision  of 
the  legislature  of  that  State,  after  a  deliberate 
hearing  of  several  days  in  the  presence  of  both 
Houses  ; 2  and  in  relation  to  another  of  the  com 
panies,  (the  Yandalia,)  whose  claim  amounted  to 
a  thorough  territorial  dismemberment  of  the  same 
State,  the  committee,  while  declining,  on  account 
of  the  overshadowing  magnitude  of  the  claim,  to 
recommend  its  formal  confirmation,  yet  treated 
it  as  an  equitable  one,  and  proposed  to  grant  to 
such  of  the  claimants  as  are  citizens  of  the  United 
States,  "a  full  and  ample  reimbursement"  out 
of  the  very  lands  which  were  the  subject  of  the 
claim. 

The  attempt  to  set  up  a  claim  of  territorial 
jurisdiction  for  the  State  of  New  York  beyond 
her  chartered  limits,  founded  upon  the  alleged 
patronage  of  certain  nomad  tribes  of  Indians, 
and  a  claim  of  ownership  and  dominion  for  those 
Indians  over  lands  comprehended  within  the  char- 

i  Journals  of  Congress,  vol.  IV.  2  Journal  of  House  of  Delegates, 
pp.  21-24.  May  session,  1779,  pp.  39,  40. 


'HE 


GROUNDS   OF  VIRGINIA   CLAIM. 


453 


tered  limits  of  another  State,  was  so  entirely  con 
trary  not  only  to  reason,  but  to  principles  of 
jurisprudence  well  settled  before,  as  since,  the 
Revolution,1  that  it  can  be  attributed  only  to  a 
predetermination  to  oust  Virginia,  at  all  hazards, 
of  her  territorial  rights.2 


1  See  Chalmers's  Annals,  p.  677, 
and  case  of  Johnson  v.  Mclntosh. 

2  The  grounds  on  which  the  ter 
ritorial  rights  of  Virginia  had  been 
hitherto  assailed,  were,  1.  The  al 
leged  vagueness   and  uncertainty 
in  the  description  of  limits  in  the 
charter  of  1609,  under  which  she 
claimed ;    2.  The   subsequent   an 
nulment   of    that   charter    in    the 
controversy  between  the  London 
Company  and  the  crown  ;  3.  The 
virtual    establishment   of   a    new 
boundary  to  the  west  by  the  royal 
proclamation  of  1763;  and  4.  The 
devolution   of   the    rights   of   the 
crown  to  vacant  territory  upon  the 
United  States  collectively,  and  not 
upon  the  individual    States,  after 
the  Declaration  of  Independence. 
It  was  upon  these  several  proposi 
tions   that   Paine,   the   author   of 
"  Common    Sense,"   undertook  in 
1780,  previous   to  the  cession  of 
Virginia,  to  controvert  her  claims 
in  a  pamphlet,  which  he  entitled 
the  "  Public  Good." 

On  the  other  hand,  Virginia  in 
sisted,  1.  That  her  chartered  lim 
its  were  plainly  and  sufficiently 
defined  by  designated  parallels  of 
latitude,  and  lines  of  sea-coast  to 
the  east  and  the  west ;  2.  That  the 
annulment  of  the  charter  of  1609 
affected  only  the  rights  of  the  Lon 


don  Company,  and  not  those  of 
the  beneficiary  party,  the  Colo 
nists;  3.  That  the  proclamation  of 
1763  had  no  other  object  or  effect 
than  to  suspend,  for  a  time,  grants 
of  land  on  the  Western  waters, 
leaving  the  chartered  rights  and 
limits  of  the  colony  untouched ; 
and  4.  That  it  was  an  incontesta 
ble  principle  of  American  public 
law  that  the  territorial  sovereignty, 
within  the  chartered  limits  of  the 
different  Colonies,  devolved,  after 
the  Revolution,  upon  the  States 
severally,  and  not  upon  the  confed 
eracy. 

Upon  all  these  points,  judicial 
decisions,  since  pronounced  by  the 
highest  tribunals  of  the  country,  as 
well  as  the  ultimate  acceptance  of 
her  cession  by  Congress  in  the 
form  (essentially)  in  which  she  ten 
dered  it,  have  fully  sustained  and 
justified  the  claims  of  Virginia. 
The  conjured-up  title  of  New  York, 
after  it  had  served  the  purposes  of 
its  momentary  apparition,  seems 
never  to  have  been  thought  of  se 
riously  since.  It  is  a  painful  evi 
dence,  however,  of  the  tenacity  of 
old  political  prejudices  and  contro 
versies,  that  a  committee  of  Con 
gress,  as  late  as  1842,  should  have 
undertaken  to  call  in  question  the 
original  title  of  Virginia,  upon  the 


454  LIFE   AND  TIMES   OF  MADISON. 

Mr.  Madison,  in  writing  to  Mr.  Jefferson,  then 
a  member  of  the  legislature  of  Virginia,  a  few 
days  after  the  coming  in  of  this  report,  speaks 
of  it  in  the  following  terms:  — 

"By  the  conveyance  through  which  you  will 
receive  this,,  the  delegates  have  communicated  to 
the  State  the  proceedings  in  Congress  to  which 
the  territorial  cessions  have  given  birth.  The 
complexion  of  them  will,  I  suppose,  be  somewhat 
unexpected,  and  produce  no  small  irritation. 
They  clearly  speak  the  hostile  machinations  of 
some  of  the  States  against  our  territorial  claims, 
and  afford  suspicions  that  the  predominant  tem 
per  of  Congress  may  coincide  with  them.  It  is 
proper  to  recollect,  however,  that,  the  report  of 
the  committee  having  not  yet  been  taken  into 
consideration,  no  certain  inference  can  be  drawn 
as  to  its  issue ;  and  that  the  report  itself  is  not 
founded  on  the  obnoxious  doctrine  of  an  inher 
ent  right  in  the  United  States  to  the  territory 
in  question,  but  on  the  expediency  of  cloth 
ing  them  with  the  title  of  New  York,  which  is 
supposed  to  be  maintainable  against  all  others. 
.....  The  committee  was  composed  of  a 
member  from  Maryland,  Pennsylvania,  New  Jer 
sey,  Ehode  Island,  and  New  Hampshire,  all  of 
which  States,  except  the  last,  are  systematically 

exploded  grounds  of  Paine's  pam-  torious  answer  to  this  report  was 

phlet.     See  Report  of  Select  Com-  made  by  the  committee  on  public 

mittee  of  the  House  of  Represen-  lands,  in  the  1st  session  of  28th 

tatives,  2d  session,  27th  Congress,  Congress,  Rep.  No.  457. 
Rep.  No.  1063.     An  able  and  vie- 


MR.  MADISON'S  DEFENCE   OF  HER  TITLE.     455 

and  notoriously  adverse  to  the  claims  of  Western 
territory,  and  particularly  those  of  Virginia."  l 

Mr.  Madison,  feeling  that,  however  little  hope 
there  might  be  of  arresting  these  aggressions 
upon  her  rights,  Virginia  owed  it  to  her  own 
character  and  the  opinion  of  the  world  to  set 
forth  the  evidence  of  her  title,  with  the  clearness 
of  which  it  was  susceptible,  invoked  the  cooper 
ation  of  Mr.  Jefferson  and  other  able  professional 
friends  at  home,  in  searching  for  and  collecting 
the  various  legal  and  historical  documents  on 
which  it  rested.  The  severe  domestic  affliction 
which  soon  after  fell  upon  Mr.  Jefferson  pre 
vented  his  aid  ;  and  other  causes  interfering  with 
the  contributions  of  the  other  learned  friends  to 
whom  he  had  appealed,  Mr.  Madison  was  left 
almost  wholly  to  his  own  resources  of  industry 
and  intrinsic  force  of  mind,  (for  he  was  then  no 
lawyer,)  to  sustain  the  rights  of  Virginia  against 
the  host  of  her  assailants.  His  correspondence 
of  that  period  shows  how  successfully  he  had 
mastered  all  the  difficulties  of  a  question  belong 
ing  essentially  to  the  department  of  technical 
and  professional  knowledge  ;  and  how,  under  the 
modest  guise  of  seeking  information  from  others, 
he  supplied  them  with  every  element,  both  of 
principle  and  fact,  necessary  for  its  solution.2 

1  Madison  Debates  and  Corre-  Debates  and  Correspondence,  vol. 

ndence,  vol.  i.  pp.  102,  103.  i.  pp.  106-109  and  119-122  ;  and 

See  particularly  his  letters  of  to  Mr.  Edmund  Randolph  of  the 

15th  of  January  and  16th  of  April,  9th  of  April  and  13th  of  August, 

1782,  to  Mr.  Jefferson,  in  Madison  1782,  in  Idem,  pp.  118,  159,  160. 


456  LIFE   AND  TIMES   OF  MADISON. 

The  report  of  the  committee  was  not  taken  up 
for  consideration  in  Congress  until  the  1st  of 
May,  1782.  The  delegates  of  Virginia  determined 
then  to  press  for  a  final  decision  upon  the  ces 
sion  proffered  by  the  State ;  but  sensible  how 
much  that  decision  might  be  influenced  by  the 
interests  of  the  land  companies,  they  moved,  as 
a  preliminary  question,  that,  previous  to  any  de 
termination  in  Congress  relative  to  the  cessions 
of  the  Western  lands,  each  member  do  declare 
upon  his  honor  whether  he  is  or  is  not  person 
ally  interested,  directly  or  indirectly,  in  the  claims 
of  any  of  the  land  companies;  and  that  his  dec 
laration  be  entered  on  the  Journal.  This  motion 
was  parried ;  and  finally,  on  the  6th  day  of  May, 
the  farther  consideration  of  the  report  was,  upon 
the  motion  of  a  delegate  from  Pennsylvania,  and 
against  the  remonstrances  of  the  delegates  from 
Virginia,  postponed.1 

The  General  Assembly  of  the  State  met  soon 
after  these  proceedings  in  Congress ;  and  then, 
for  the  first  time,  the  report  of  the  committee, 
with  the  proceedings  of  Congress  upon  it,  was 
laid  before  them.  It  naturally  excited  a  warm 
and  indignant  feeling.  Among  other  measures 
adopted,  a  committee  was  appointed,  consisting 
of  Mr.  George  Mason,  Mr.  Jefferson,  Mr.  Arthur 
Lee,  Mr.  Edmund  Kandolph,  and  Dr.  Thomas 
Walker,  to  prepare  a  full  and  detailed  vindica 
tion  of  the  claims  of  Virginia  to  her  Western 

1  See  Journals  of  Congress,  vol.  IV.  pp.  20  and  26. 


V        \ 

GEOGRAPHICAL  ARRAY   OF  PARTIES.   v     45' 

territory;1    but    it    does    not    appear    that    the 
task  was  ever  executed  by  the  committee.     Mr 
Madison  still  continued  to  give  his  earnest  and 
persevering   attention    to   the   subject.     In   some 
instructive  "observations"  recorded  by  him  at  the 
time,    (1st   of  May,   1782,)    he  has    shown   how 
large   an  influence    this    question,  together   with 
the  kindred  one  of  Vermont,  to  which  we  shall 
presently  have  occasion  to  advert,  exerted  on  the 
state  of  parties  in  Congress  at  that  period. 

The  following  extract  from  that  paper  will  in- 
dicate  how  powerful  was  the  combination  against 
the  cause,  which  it  devolved  upon  him  to  sus- 
tain. 

"The    territorial   claims,   particularly  those   of 
Virginia,"  he  there  says,  "are  opposed  by  Rhode 
Island,   New  Jersey,  Pensylvania,  Delaware,  and 
Maryland.      Rhode    Island    is    influenced    in    her 
opposition  by,  first,  a  lucrative  desire  of  sharing 
in    the   vacant   territory  as  a  fund    of  revenue  • 
secondly,    by   the    envy   and    jealousy   naturally 
excited    by    superior    resources    and    importance 
New  Jersey,  Pennsylvania,  Delaware,  and  Mary- 
land    are    influenced    partly    by    the    same    con- 
^derations;  but  principally   by  the    intrigues  of 
toeir    citizens,  who    are    interested    in    the   land 
companies.     The  decisive    influence   of  this    last 
consideration  is  manifest  from   the  peculiar  and 
persevenng    opposition    made    against    Virginia, 
within  whose  limits  those  claims  lie." 

'  Manuscript  letter  of  E.  Randolph  to  J.  Madison)  21st  of  Jun(,  „„,. 
*  39 


458  LIFE  AND   TIMES  OF  MADISON. 

The  paper  then  proceeds  to  show  how  Massa- 
chusetts  and  Connecticut,  —  mainly  by  the  inter 
est  they  felt  in  the  Vermont  question,  —  were 
joined  to  this  compact  phalanx  against  the  ter 
ritorial  claims  of  Virginia,  and  of  some  of  the 
other  States ;  and  concludes  with  the  following 
survey  of  the  comparatively  feeble  forces,  in  num 
ber  at  least,  arrayed  on  the  other  side. 

K  The  Western  claims  are  espoused  by  Virginia, 
North  and  South  Carolina,  Georgia,  and  New 
York,  all  of  these  States  being  interested  therein. 
South  Carolina  is  the  least  so.  The  claim  of 
New  York  is  very  extensive,  but  her  title  very 
flimsy.  She  urges  it  more  with  the  hope  of  ob 
taining  some  advantage  or  credit  by  its  cession, 
than  of  ever  maintaining  it.  If  this  cession 
should  be  accepted,  and  the  affair  of  Vermont 
terminated,  as  these  are  the  only  ties  which  unite 
her  with  the  Southern  States,  she  will  immedi 
ately  connect  her  policy  with  that  of  the  Eastern 
States;  so  far,  at  least,  as  the  remains  of  former 
prejudice  will  permit."1 

Notwithstanding  the  fearful  odds  against  Vir 
ginia  in  this  geographical  array  of  parties,  Mr. 
Madison  did  not  despair  of  ultimate  success.  "If 
the  State  is  firm  and  prudent,"  he  said  in  a  let=- 
ter  to  a  friend,  written  about  the  same  time, 
"I  have  little  doubt  that  she  will  be  again 
courted." 2 

i  See  Madison  Debates  and  2  Letter  to  E.  Randolph,  in 
Correspondence,  vol.  i.  pp.  123,  Madison  Debates  and  Correspond- 
124.  ence,  vol.  i.  p.  126. 


PROPOSITION   OF  MR.  WITHERSPOON.         459 

The  subject  next  came  up  in  Congress,  on  the 
5th  and  6th  of  September,  1782,  upon  the  report 
of  a  grand  committee,  declaring  that  "  the  West 
ern  lands,  if  ceded  to  the  United  States,  might 
contribute  towards  a  fund  for  paying  the  debt 
of  these  States."1  One  of  the  delegates  of  Vir 
ginia,  Mr.  Bland,  moved,  as  an  amendment  and 
corollary  to  this  proposition,  that  the  cessions 
already  tendered  be  accepted  by  Congress,  with 
the  conditions  therein  named.  This  gave  rise  to 
a  wide  discussion  on  the  whole  range  of  topics 
connected  with  the  question.2 

Finally,  Mr.  Witherspoon  of  New  Jersey  moved 
a  set  of  resolutions,  recommending  to  the  States 
which  had  made  no  cessions,  now  to  act  upon 
the  subject,  and  to  those,  whose  cessions  were 
not  fully  conformable  to  the  wishes  of  Congress, 
to  reconsider  their  acts ;  and  declaring  that,  "  in 
case  of  a  compliance  with  the  above  recommen 
dation,  no  determinations  of  the  particular  States, 
relating  to  private  property  of  lands  within  those 
cessions,  shall  be  reversed  or  altered  without 
their  consent,  unless  in  such  cases  as  the  ninth 
article  of  the  confederation  shall  render  it  neces 
sary."  This  last  resolution  related  to  the  obnox 
ious  claims  of  the  land  companies,  and  was 
plainly  a  concession  held  out  to  the  demands  of 
Virginia.  The  proposition  of  Mr.  Witherspoon 
was  immediately  taken  into  consideration,  and 

l  Journals  of  Congress,  vol.  iv.        2  Madison  Debates,  vol.  i.  pp. 
pp.  68,  69.  166-168. 


460  LIFE  AND  TIMES   OF  MADISON. 

referred  to  a  committee  consisting  of  himself, 
Mr.  Madison,  Mr.  Rutledge  of  South  Carolina, 
Mr.  Osgood  of  Massachusetts,  and  Mr.  Montgom 
ery  of  Pennsylvania. 

It  would   seem    that  the   intimate  relations  of 
Mr.  Madison  with  his  venerable  and  distinguished 
preceptor,  the  mover  of  the   proposition  and  the 
chairman  of  the  committee,  must  have  influenced 
the  latter  to  engage  in  this  work  of  conciliation ; 
for  no    State    in  the   confederacy  was  more  vio 
lently   opposed   to   all  the   views   of  Virginia   on 
the  subject  of  Western  territory  than  that  which 
Dr.  Witherspoon  represented.     However  this  may 
be,  it  was  a  touching  and  noble  spectacle  to  see 
the  pupil  and  the  preceptor,  representing  discord 
ant  interests  and  views  as  they  did,  thus  clos'ely 
associated,  as  members  of  the  same  committee,  in 
the  sublime  office  of  national  peacemakers.     On 
the    25th    of    September,    1782,    the    committee 
made    their    report,   recommending    the    adoption 
of  Dr.  Witherspoon's  proposition  in  the  very  words 
in  which  he  had  offered  it.     The  temper  of  Con 
gress,  however,  was  not  yet  ripe  for  compromise, 
and  the  proposition  was  rejected.1 

The  next  step  in  the  history  of  this  thorny 
and  complicated  question  was  the  naked  accept 
ance  by  Congress,  on  the  29th  of  October,  1782, 
upon  the  motion  of  the  delegates  of  Maryland, 
of  "all  the  right,  title,  interest,  jurisdiction,  and 
claim  of  the  State  of  New  York,  as  ceded  by 

1  Journals  of  Congress,  vol.  IV.  pp.  82,  83. 


REMONSTRANCE   OF  NEW  JERSEY.  461 

and  contained  in  an  instrument  of  writing  exe 
cuted  by  her  agents  for  that  purpose." ] 

The  matter  seems  then  to  have  rested,  with 
regard  to  the  cession  of  Virginia,  until  the  4th 
of  June,  1783,  when  the  consideration  of  the  re 
port  of  the  committee  of  the  3d  of  November, 
1781,  was  resumed;  and  so  much  of  it  as  related 
to  the  cession  of  Virginia  was  referred  to  another 
committee,  consisting  of  Mr.  Rutledge  of  South 
Carolina,  Mr.  Bedford  of  Delaware,  Mr.  Carroll 
of  Maryland,  Mr.  Higginson  of  Massachusetts,  and 
Mr.  Wilson  of  Pennsylvania.2 

This  committee  made  a  report,  favorable  in 
the  main  to  the  acceptance  of  the  cession  ten 
dered  by  Virginia,3  which  was  taken  up  for  con 
sideration  on  the  10th  of  June,  1783.  After  a 
debate,  which  disclosed  two  changes  in  the  state 
of  parties,  which  Mr.  Madison  had  anticipated,  (to 
wit,  the  opposition  of  New  York,4  and  the  acces 
sion  of  Massachusetts  and  Connecticut,)  the  far 
ther  consideration  of  the  report  was  postponed 
until  the  20th  of  the  same  month.  On  that  day, 
a  violent  remonstrance  was  presented  and  read 
from  the  legislature  of  New  Jersey,  denouncing 
the  cession  of  Virginia  "as  partial,  unjust,  and 
illiberal,"  accusing  her  of  an  unworthy  attempt 
to  "  aggrandize  herself  by  the  detention  of  prop- 

1  Journals  of  Congress,  vol.  IV.         4  On  this  occasion,  Col.  Hamil- 
p,  100.  ton  "asserted  the  right  of  the  Uni- 

2  Mem,  pp.  226,  227.  ted  States  "  to  the  vacant  territory, 

3  See    Madison    Debates    and  Madison  Debates,  vol.  i.  pp.  458, 
Correspondence,  vol.  I.  p.  543.  459. 

39* 


462  LIFE   AND  TIMES   OF  MADISON. 

erty  which  had  been  procured  by  the  common 
blood  and  treasure  of  all  the  States,"  and  ear 
nestly  calling  upon  Congress  to  reject  the  ces 


sion.1 


In  the  course  of  the  discussion,  one  of  the  del 
egates  of  New  Jersey,  Mr.  Clark,  vehemently 
declared  that  "  the  time  would  yet  come  when 
Congress  would  draw  a  line  limiting  the  States  to 
the  westward,  and  saying  thus  far  shall  ye  go,  and 
no  farther."  Mr.  Madison  also  records  that,  "from 
several  circumstances,  there  was  reason  to  believe 
that  Rhode  Island,  New  Jersey,  Pennsylvania,  and 
Delaware,  if  not  Maryland  likewise,  retained 
latent  views  of  confining  Virginia  to  the  Alle- 
ghany  Mountains."  He  adds  that,  "there  being 
seven  States  only  present,  and  the  spirit  of  com 
promise  decreasing,"  no  vote  was  taken  on  the 
subject.2  The  next  day,  Congress,  which,  for  two 
days  past,  had  been  sitting  in  the  midst  of  a 
mutinous  demonstration  of  a  band  of  soldiers, 
adjourned  from  Philadelphia  to  Princeton. 

On  the  13th  day  of  September,  1783,  at  the 
latter  place,  the  cession  of  Virginia  was  again 
brought  before  Congress,  on  the  report  of  a  com 
mittee  consisting  of  Mr.  Kutledge  of  South  Car 
olina,  Mr.  Ellsworth  of  Connecticut,  Mr.  Bedford 
of  Delaware,  Mr.  Gorham  of  Massachusetts,  and 
Mr.  Madison.  Of  the  eight  conditions  annexed 
by  Virginia  to  her  cession,  they  reported  that 

1  See  Journals  of  Congre&a,  voL  2  Madison  Debates,  voL  I.  pp 
IV.  p.  231.  463-465. 


FINAL   ACCEPTANCE   OF   CESSION.  463 

the  first  six  were,  in  their  opinion,  just  and  rea 
sonable,  in  the  precise  form  in  which  they  were 
proposed,  and  ought  to  be  agreed  to  by  Congress. 

With  regard  to  the  seventh  condition,  which 
appealed  to  Congress  to  declare  the  claims  of 
the  land  companies  to  be  "absolutely  void  and 
of  no  effect,"  they  reported  that  it  would  not,  in 
their  judgment,  be  proper  for  Congress  to  make 
such  a  declaration;  but  that  the  sixth  condition, 
the  acceptance  of  which  they  had  recommended, 
in  providing  that  the  ceded  lands  were  to  be  "  a 
common  fund  for  the  benefit  of  the  confederacy," 
and  that  "  they  should  be  faithfully  and  bond  fide 
disposed  of  for  that  purpose,  and  for  no  other 
use  or  purpose  whatever,"  wras  a  sufficient  com 
pliance  with  the  demands  of  Virginia  on  that 
point. 

As  to  the  eighth  and  last  condition,  by  which 
Virginia  proposed  a  guarantee  of  her  remaining 
territory,  the  committee  were  of  opinion  that 
such  a  guarantee  presupposed  a  discussion  of  the 
question  of  title,  which  the  acts  of  Congress  on 
the  subject  expressly  disclaimed ;  and  that  the 
territorial  rights  of  a  State,  whatever  they  were, 
were  effectually  guaranteed  by  the  articles  of 
confederation.  With  these  modifications  alone,  if 
assented  to  by  the  legislature  of  Virginia,  the 
committee  recommended  that  her  cession  be  ac 
cepted,  in  all  other  respects,  upon  the  terms  on 
which  she  had  offered  it.1 

1  Journals  of  Congress,  vol.  iv.  pp.  265-267. 


464  LIFE  AND  TIMES   OF  MADISON. 

On  the  question  to  agree  to  the  report  of  the 
committee,  the  delegates  of  Maryland,  resisting 
to  the  last,  moved  a  substitute  which  affirmed 
the  sovereign  right  of  the  United  States  as  one 
undivided  and  independent  nation,  succeeding  to 
the  rights  of  the  British  crown,  to  possess  the 
whole  of  the  Western  territory ;  and  farther  pro 
posed  that  the  said  territory  be  laid  off  into  one 
or  more  convenient  States,  and  that  a  federal 
land-office  be  established  for  the  disposal  of  the 
soil.  Maryland  and  New  Jersey  alone  voted  in 
favor  of  the  substitute ;  and  the  report  of  the 
committee  was  finally  agreed  to  by  the  votes  of 
eight  States  out  of  the  eleven  present.1 

Thus  was  closed,  at  last,  the  tedious  and  ex 
citing  controversy  which  had  so  long  distracted 
the  councils  of  Congress,  and  the  burden  and 
responsibilities  of  which  had  weighed  so  heavily 
upon  Mr.  Madison  during  the  whole  period  of 
his  service  in  that  body.  That  it  was  finally 
brought  to  a  consummation,  consistent  alike  with 
the  honor  and  rights  of  the  ceding  State  and  the 
general  good  of  the  confederacy,  through  so 
many  opposing  barriers  of  local  and  political 
prejudice,  and  of  powerful  private  interests,  was 
due,  in  an  especial  manner,  to  the  firmness,  pru 
dence,  vigilance,  and  ability  he  displayed  in 
every  stage  of  the  protracted  struggle. 

In  announcing  the  result  to  his  friends,  Mr. 
Jefferson  and  Mr.  Randolph,  which  he  did  by  let- 

1  See  Journals  of  Congress,  vol.  iv.  pp.  263-265,  and  267 


VERMONT   CONTROVERSY.  465 

ters  addressed  to  both  on  the  same  day,  (the 
20th  of  September,  1783,)  he  confined  himself  to 
a  brief  expression  of  "his  sincere  hope  that  it 
would  meet  the  ultimatum  of  Virginia."1  That 
sanction  —  the  object  of  his  solicitude  and  the 
reward  of  his  labors  —  it  received  in  an  act  of 
the  legislature  passed  in  the  ensuing  month, 
which  authorized  a  deed  to  be  made  for  the  ter 
ritory  northwest  of  the  Ohio,  in  pursuance  of 
the  terms  of  cession  agreed  upon ;  and  that  deed 
was,  on  the  1st  day  of  March,  1784,  signed, 
sealed,  and  delivered  in  Congress  by  Thomas 
Jefferson,  Samuel  Hardy,  Arthur  Lee,  and  James 
Monroe,  then  the  representatives  of  the  State  in 
the  national  council.2 

It  is  now  proper  to  give  our  attention  to  the 
question  of  Vermont,  —  a  question  which,  for  a 
lengthened  period,  occupied  the  deliberations  of 
Congress,  was  connected,  by  various  relations, 
with  the  territorial  claims  of  Virginia,  and,  for 
a  time,  exercised  an  important  influence  upon 
their  progress  and  reception. 

The  bold  mountain  region  west  of  the  river 
Connecticut,  and  stretching  thence  to  the  borders 
of  Lake  Cham  plain,  had  become  known  to  the 
hardy  yeomanry  of  New  England  in  the  war  of 
1756  with  France ;  and  immediately  after  the 
close  of  that  war,  it  began  to  be  settled  by 

1  Madison  Debates  and  Corre-     Stat.  vol.  xi.    pp.   326-328,   and 
spondence,  vol.  I.  pp.  572  and  574.     Deed  of  Cession,  Idem,  pp.  571- 

2  See  Act  of  Assembly  in  Hen.     575. 


466  LIFE  AND  TIMES   OF  MADISON. 

adventurers  from  the  neighbouring  States.  The 
original  settlements  were  made  under  grants  ob 
tained  from  the  Colony  of  New  Hampshire,  from 
which  circumstance  the  district  itself  bore,  for 
many  years,  the  name  of  the  "New  Hampshire 
Grants." 

The  Colony  of  New  York,  at  the  same  time, 
claimed  the  ownership  and  dominion  over  it,  as 
being  included  within  the  limits  of  the  royal 
grant  to  the  Duke  of  York,  and,  in  1764,  ob 
tained  an  order  of  the  king  and  council,  placing 
the  country,  as  far  east  as  Connecticut  River, 
under  its  jurisdiction.  This  was  done,  however, 
without  the  consent,  and  in  opposition  to  the 
wishes  of  the  inhabitants  of  the  district,  a  major 
ity  of  whom  steadily  refused  to  acknowledge  the 
authority  of  New  York.  The  conflicting  claims  of 
the  two  adjacent  Colonies  giving  them  a  good 
excuse  for  rejecting  the  pretensions  of  both,  they 
finally  set  up  as  a  separate  and  distinct  commu 
nity.  At  the  Revolution,  they  declared  them 
selves  independent;  and  in  1777  they  organized 
a  de  facto  government  of  their  own. 

In  this  state  of  things,  the  subject  seems  to 
have  been  first  brought  to  the  notice  of  Con 
gress  on  the  22d  of  May,  1779,  by  certain  reso 
lutions  moved  by  the  delegates  of  New  York, 
invoking  the  interposition  of  Congress,  and  affirm 
ing  that  "  no  part  or  district  of  one  or  more  of 
the  States  shall  be  permitted  to  separate  there 
from,  or  become  independent  thereon,  without 


INTERPOSITION   OF  CONGRESS.  467 

the  express  consent  and  approbation  of  such 
State  or  States  respectively."1  These  resolutions 
were  not  acted  on;  but  on  the  2d  of  June,  1779, 
a  committee  was  appointed  to  repair  to  the  New 
Hampshire  Grants,  and  "inquire  into  the  reasons 
why  the  inhabitants  refuse  to  continue  citizens  of 
the  respective  States,  which  heretofore  exercised 
jurisdiction  over  them."2 

A  majority  of  the  committee  not  having  met 
to  perform  the  duty  assigned  to  them,  they  were 
discharged  from  its  farther  prosecution  by  a  res 
olution  adopted  on  the  24th  of  September,  1779. 
On  that  day,  a  series  of  resolutions  was  unan 
imously  adopted  by  Congress,  which, —  after  recit 
ing  that  "the  animosities  aforesaid  have  lately 
proceeded  so  far,  and  risen  so  high,  as  to  endan 
ger  the  internal  peace  of  the  confederacy,  and 
to  render  it  indispensably  necessary  for  Congress 
to  interpose  for  the  restoration  of  quiet  and 
good  order,"  and  that  in  the  disputes  subsisting 
between  the  adjacent  States  on  the  one  hand, 
and  the  people  of  the  disturbed  district  on  the 
other,  "each  of  the  said  States  claim  the  said 
district  against  each  other,  as  well  as  against  the 
people  of  the  district,"-— recommend  that  the  States 
in  question  pass  laws  expressly  authorizing  Con 
gress  to  hear  and  determine  all  differences,  as 
well  between  themselves  as  between  them  and 
the  said  district,  and  pledge  the  faith  of  Congress 
"to  carry  into  execution,  and  support  whatever 

*  Journals  of  Congress,  vol.  HI.  pp.  285,  286.       2  Hem,  p.  297. 


468  LIFE   AiND   TIMES   OF  MADISON. 

determination"  they  may  come  to  in  the  prem 
ises,  and  for  whichsoever  of  the  parties  it  may 
be  pronounced. 

In  the  mean  tinie,  they  declare  it  to  be  the 
"  duty  of  the  people  of  the  district  to  abstain  from 
exercising  any  power  over  any  of  the  inhabitants 
who  profess  themselves  to  be  citizens  of,  or  to 
owe  allegiance  to,  any  or  either  of  the  said 
States;"  and  also  that  these  States,  in  like  man 
ner,  ought  "to  suspend  executing  their  laws" 
over  any  of  the  inhabitants  of  the  district,  except 
such  as  acknowledge  their  jurisdiction ;  and,  fi 
nally,  they  declare  that  "Congress  will  consider 
any  violences  committed  against  the  tenor  of 
these  resolutions  as  a  breach  of  the  peace  of  the 
confederacy,  which  they  are  determined  to  keep 
and  maintain."1 

On  the  19th  of  September,  1780,  a  hearing 
took  place  before  Congress,  for  the  first  time,  on 
the  disputes  between  the  inhabitants  of  the  u  New 
Hampshire  Grants"  on  the  one  hand,  and  the 
States  of  New  York  and  New  Hampshire  on  the 
other,  as  well  as  between  those  two  States  re 
spectively  on  the  subject  of  their  mutually  inter 
fering  claims.  Two  persons  attended  on  behalf 
of  the  people  of  the  district  in  controversy,  ex 
hibiting  a  commission  signed  by  the  acting  gov 
ernor  or  president,  and  under  a  seal,  styled  the 
« Seal  of  the  State  of  Vermont." Q 

Mr.  Madison,  writing  to  his  colleague,  Mr.  Jones, 

1  Journals  of  Congress,  vol.  in.  pp.  365-367.     2  Mem,  pp.  520,  521. 


OPINIONS   OF  MR.  MADISON.  469 

on  the  same  day,  speaks  of  these  proceedings  in 
the  following  manner :  — 

"The  Vermont  business  has  been  two  days 
under  agitation,  and  nothing  done  in  it,  except 
rejecting  a  proposition  for  postponing  the  deter 
mination  of  Congress  till  commissioners  should 
inquire  into  the  titles  and  boundaries  of  New 
Hampshire  and  New  York.  Congress  have  bound 
themselves  so  strongly  by  their  own  act  to  bring 
it  to  an  issue  at  this  time,  and  are  pressed  by 
New  York  so  closely  with  this  engagement,  that 
it  is  not  possible  any  longer  to  try  evasive  ex 
pedients.  For  my  own  part,  if  a  final  decision 
must  take  place,  I  am  clearly  of  opinion  that  it 
ought  to  be  made  on  principles  that  will  effectu 
ally  discountenance  the  erection  of  new  govern 
ments  without  the  sanction  of  proper  authority, 
and  in  a  style  marking  a  due  firmness  and  de 
cision  in  Congress."1 

After  a  continued  hearing  of  several  days, 
from  which,  however,  the  agents  of  Vermont  at 
last  withdrew,2  Congress  postponed  the  farther 
consideration  of  the  subject,  without  coming  to 
any  decision.  At  the  time  when  the  foregoing 
letter  was  written,  it  expressed,  it  is  probable, 
not  only  Mr.  Madison's  personal  opinions,  but  the 
prevailing  sentiment  in  Congress.  The  agents 
and  partisans  of  Vermont,  however,  still  contin 
ued  to  push  their  interests,  more  or  less  openly. 

1  Madison  Debates  and  Corre-        2  See  Journals  of  Congress,  vol. 
spondence,  vol.  I.  pp.  52,  53.  m.  p.  526. 

VOL.  i.  40 


470  LIFE    AND  TIMES   OF  MADISON. 

in  that  body.  There  was  too  obvious  a  bond  of 
sympathy  between  them  and  the  opponents  of 
the  territorial  claims  of  Virginia  to  be  overlooked. 
Mr.  Madison,  in  a  letter  to  Mr.  Edmund  Ran 
dolph  of  the  1st  of  May,  1781,  says:  "The  sub 
ject  of  Vermont  has  not  yet  been  called  up. 
Their  agents,  and  those  of  the  land-mongers 
are  playing,  with  great  adroitness,  into  each 
others'  hands.  Mr.  Jones  will  explain  this  game 
to  you."1 

There  were  yet  other  and  more  pressing  con 
siderations  which  added  strength  to  their  cause. 
The  frequent  and  violent  conflicts  between  the 
rival  authorities  in  the  disputed  territory  could 
not  but  attract  the  attention  and  excite  the 
hopes  and  intrigues  of  the  common  enemy.  In 
sidious  overtures  were  made  to  the  inhabitants 
of  the  district,  which  some  of  their  leaders,  it  was 
believed,  were  disposed  to  incline  too  favorable 
an  ear  to.  Under  these  circumstances,  a  number 
of  persons,  both  in  and  out  of  Congress,  began 
to  think  that  the  best  security  against  this  source 
of  division  and  danger  was  to  acknowledge  the 
claims  of  the  district  to  a  separate  and  indepen 
dent  existence,  and  to  admit  it  as  a  new  State 
into  the  confederacy. 

On  the  7th  of  August,  1781,  a  committee  consist 
ing  of  Mr.  Sherman  of  Connecticut,  Mr.  McKean 
of  Pennsylvania,  Mr.  Carroll  of  Maryland,  Mr. 
Varnum  of  Rhode  Island,  and  Mr.  Madison,  (it  is 

l  Madison  Debates  and  Correspondence,  vol.  i.  p.  92. 


CONGRESS  FAVORS  CAUSE  OF  VERMONT.  471 

obvious,  from  the  composition  of  the  committee, 
that  Mr.  Madison's  voice  must  have  been  wholly 
drowned  in  it,)  made  a  report,  which, —  after  briefly 
mentioning  that  the  States  of  New  York  and  New 
Hampshire  had  been  already  heard  before  Congress 
on  their  respective  claims  to  jurisdiction  over  "  the 
people  inhabiting  the  New  Hampshire  Grants," 
and  that  "the  people  aforesaid  claim  and  ex 
ercise  the  powers  of  a  sovereign,  independent 
State,  and  desire  to  be  admitted  into  the  federal 
Union  of  the  United  States  of  America,"  —  recom 
mends,  "  in  order  thereto,  and  that  they  may  have 
an  opportunity  of  being  heard  in  vindication 
of  their  claim,"  that  a  committee  of  five  be  ap 
pointed  to  confer  with  such  persons  as  may  be 
chosen  by  the  people  of  that  district,  or  by 
their  representative  body,  respecting  their  claim 
to  be  an  independent  State,  and  on  what  terms 
they  should  be  admitted  into .  the  confederacy, 
in  case  Congress  should  recognize  their  inde 
pendence. 

This  report  was  adopted ;  and  on  the  following 
day  a  committee,  precisely  similar  in  its  elements 
to  the  preceding  one,  but  not  composed  of  the 
same  individuals,1  was  appointed  to  hold  the  pro 
posed  conference  with  such  persons  as  may  be 
deputed  by  the  people  or  representatives  of  Ver 
mont.  It  then  appeared  that  agents,  duly  com- 

1  The  new  committee  consisted  gomery  of  Pennsylvania,  and  Mr. 

of  Mr.  Boudinot  of  New  Jersey,  Randolph  of  Virginia.     Journals 

Mr.   Vandyke   of  Delaware,  Mr.  of  Congress,  vol.  in.  p.  656. 
Carroll  of  Maryland,  Mr.  Mont- 


472  LIFE   AND  TIMES   OF  MADISON. 

missioned  on  the  part  of  Vermont,  were  already 
in  attendance.  After  a  conference  with  these 
agents,  the  committee,  on  the  20th  of  August, 
delivered  in  their  report ;  upon  which  Congress 
adopted  a  resolution  declaring  that  "it  be  an  in 
dispensable  preliminary  to  the  recognition  of  the 
independence  of  the  people  inhabiting  the  terri 
tory  called  Vermont,  and  their  admission  into 
the  Federal  Union,  that  they  explicitly  renounce 
all  demands  of  lands  on  the  east  side  of  Con 
necticut  Kiver,  and  on  the  west  side  of  a  line 
running  from  the  northwest  corner  of  the  State 
of  Massachusetts"  to  the  southern  extremity  of 
Lake  Champlain ;  and  that  the  United  States  will 
guarantee  to  the  States  of  New  Hampshire  and 
New  York  all  the  adjacent  lands,  lying  on  the 
east  and  west  side  of  the  aforesaid  limits  respec 
tively,  against  any  claims  or  encroachments  of  the 
inhabitants  of  Vermont. 

These  proceedings  plainly  indicated  the  "fore 
gone  conclusion  "  of  Congress  to  admit  the  inhab 
itants  of  Vermont  as  a  separate  State  into  the 
confederacy,  on  the  terms  specified.  They  fur 
nish  abundant  confirmation,  at  the  same  time,  of 
the  curious  state  of  parties  in  Congress  described 
by  Mr.  Madison  in  his  memorandum  of  the  1st 
of  May,  1782,  to  which  reference  has  already 
been  made,  —  showing  that  it  was  the  same  alli 
ance  between  the  Eastern  and  Middle  States, 
founded  on  temporary  and  accidental  causes, 
which  stood  opposed  to  the  territorial  rights  of 


TERMS   OFFERED  BY  CONGRESS. 


473 


Virginia  and  which  patronized  the  claims  of  Ver 
mont.1 

Facile  and  liberal  as  were  the  terms  offered 
by  Congress  to  the  inhabitants  of  Vermont,  they 
were  at  first  unceremoniously  rejected  by  these 
"turbulent  sons  of  freedom,"  —  so  called  by  one 
of  the  noblest  of  their  own  kindred.2  The  fol- 


1  The  array  of  parties  here  al 
luded  to  is  thus  described  by  Mr. 
Madison,  in  his  memorandum  of 
the  1st  of  May,  1782:  — 

"  The  independence  of  Vermont, 
and  its  admission  into  the  confed 
eracy,  are  patronized  by  the  East 
ern  States,  (New  Hampshire  ex- 
cepted,)  1.  From  ancient  preju 
dice  against  New  York ;  2.  The 
interest  which  the  citizens  of  those 
States  have  in  lands  granted  by 
Vermont;  3.  But  principally  from 
the  accession  of  weight  they  will 
derive  from  it  in  Congress.  New 
Hampshire,  having  gained  its  main 
object  by  the  exclusion  of  its  ter 
ritory  east  of  Connecticut  River 
from  the  claims  of  Vermont,  is  al 
ready  indifferent  to  its  independ 
ence,  and  will  probably  soon  com 
bine  with  other  Eastern  States  in 
its  favor. 

"  The  same  patronage  is  yielded 
to  the  pretensions  of  Vermont  by 
Pennsylvania  and  Maryland,  with 
the  sole  view  of  reinforcing  the 
opposition  to  claims  of  Western 
territory,  particularly  those  of  Vii* 
ginia;  and  by  New  Jersey  and 
Delaware,  with  the  additional  view 
of  strengthening  the  influence  of 
the  little  States.  Both  of  these 
40* 


considerations  operate  also  on 
Rhode  Island,  in  addition  to  the 
above  mentioned. 

"  The  independence  of  Vermont, 
and  its  admission  into  the  Union, 
are  opposed  by  New  York  for  rea 
sons  obvious  and  well  known.    The 
like  opposition  is  made  by  Virginia, 
North    Carolina,   South   Carolina, 
and  Georgia.     The  grounds  of  this 
opposition  are,  1.  An  habitual  jeal 
ousy  of  the  predominance  of  East 
ern   interest;    2.    The   opposition 
expected  from  Vermont  to  West 
ern  claims;  3.  The  inexpediency 
of  admitting  so  unimportant  a  State 
to  an  equal  vote  in  deciding  on 
peace,  and  all  the  other  grand  in 
terests  of  the  Union  now  depend 
ing  ;  4.  The  influence  of  the  ex 
ample  on  a  premature  dismember 
ment  of  the  other  States.     These 
considerations   influence   the  four 
States  last  mentioned  in  different 
degrees.     The  second  and  third,  to 
say  nothing  of  the  fourth,  ought  to 
be   decisive  with  Virginia."     See 
Madison  Debates  and  Correspond 
ence,  vol.  i.  pp.  122,  123. 

2  See  letter  of  General  Stark 
to  Washington,  in  Sparks's  Wash 
ington,  vol.  vin.  p.  83. 


474  LIFE   AND   TIMES   OF  MADISON. 

lowing  history  of  the  matter  is  given  in  a  letter 
of  Mr.  Madison  to  Judge  Pendleton  of  the  22d 
of  January,  1782. 

"  Congress  are  much  occupied  and  perplexed 
at  present  with  the  case  of  Vermont.  The  pre 
tensions  of  that  settlement  to  the  character  of 
an  independent  State,  with  the  grounds  on  which 
they  are  made,  and  the  countenance  given  them 
by  Congress,  are,  I  presume,  pretty  well  known 
to  you.  It  has  long  been  contended  that  an  ex 
plicit  acknowledgment  of  that  character,  and  an 
admission  of  them  into  the  Federal  Union,  was 
an  act  both  of  justice  and  policy.  The  discovery 
made  through  several  channels,  and  particularly 
the  intercepted  letters  of  Lord  George  Germain, 
added  such  force  to  the  latter  of  these  consider 
ations  that,  in  the  course  of  the  last  summer, 
preliminary  overtures  were  made,  on  the  part  of 
Congress,  for  taking  them  into  the  confederation, 
containing,  as  one  condition  on  the  part  of  Ver 
mont,  that  they  should  contract  their  claims 
within  the  bounds  to  which  they  were  originally 
confined,  and  guaranteeing  to  New  York  and 
New  Hampshire  all  the  territory  without  those 
bounds,  to  which  their  encroachments  had  been 
extended. 

66  Instead  of  complying  with  this  condition,  they 
have  gone  on  in  their  encroachments  both  on 
the  New  York  and  New  Hampshire  sides;  and 
there  is,  at  this  moment,  every  symptom  of  ap 
proaching  hostility  with  each  of  them.  In  this 


ANOTHER  LETTER  OF  MR.  MADISON.          475 

delicate  crisis,  the  interposition  of  Congress  is 
again  called  for,  and,  indeed,  seems  to  be  indis 
pensable  ;  but  whether  in  the  way  of  military 
coercion,  or  a  renewal  of  former  overtures,  or  by 
making  the  first  a  consequence  of  the  refusal  of 
the  last,  is  not  so  unanimously  decided. 

"  Indeed,  with  several  members,  and  I  may  say 
States,  in  Congress,  a  power  either  to  decide  on 
their  independence,  or  to  open  the  door  of  the 
confederacy  to  them,  is  utterly  disclaimed ;  be 
sides  which,  the  danger  of  the  precedent,  and 
the  preponderancy  it  would  give  to  the  Eastern 
scale,  deserve  serious  consideration.  These  rea 
sons,  nevertheless,  can  only  prevail  when  the 
alternative  contains  fewer  evils.  It  is  very  un 
happy  that  such  plausible  pretexts,  if  not  neces 
sary  occasions,  of  assuming  power  should  occur 
Nothing  is  more  distressing  to  those  who  have 
a  true  respect  for  the  constitutional  modifica 
tions  of  power,  than  to  be  obliged  to  decide  on 
them." l 

1  Under  the  articles  of  confed-  Colony,  exterior  to  the  then  exist- 
eration,  it  seems  quite  clear  that  ing  territorial  limits  of  the  United 
Congress  possessed  no  power  to  States,)  should  be  admitted  into 
admit  Vermont  as  a  new  State  into  the  same,  unless  agreed  to  by  nine 
the  confederacy.  There  was  a  spe-  States.  The  ablest  commentators 
cial  provision  in  those  articles  that  of  the  time  assert  that  the  eventual 
Canada,  by  acceding  to  the  con-  establishment  of  new  States,  within 
federation  and  joining  in  the  meas-  the  original  limits  of  the  United 
ures  of  Congress,  should,  ipso  fac-  States,  was  overlooked  by  the  fram- 
to,  be  admitted  into  and  entitled  to  ers  of  the  confederation  ;  and 
all  the  advantages  of  the  Union,  —  that  the  provision  which  was  after- 
accompanied  with  an  express  dec-  wards  made  by  Congress,  in  the 
laration  that  no  other  Colony,  (by  ordinance  respecting  the  North- 
which  was  evidently  meant  British  western  Territory,  for  the  ultimate 


476  LIFE  AND  TIMES   OF  MADISON. 

Although  the  terms  offered  by  Congress  were 
thus  heedlessly  declined  by  the  people  of  Ver 
mont  at  first,  the  subject  was  subsequently  re 
considered  by  their  representative  Assembly,  when 
a  formal  assent  was  given  to  the  boundaries  pre 
scribed  for  the  new  State.  Congress  might  well 
have  thought  themselves  released  from  the  obli 
gation  of  accepting  a  compliance  which  was  so 
tardy  and  ungracious  ;  but  they  referred  the 
question  to  a  committee,  which,  composed,  as  all 
the  preceding  committees  had  been,  of  sympa 
thizing  elements,  made  a  report  on  the  17th  of 
April,  1782,  recommending  that  "the  district  or 
territory  called  Vermont  be  recognized  as  a  free, 
sovereign,  and  independent  State,"  and  that  meas 
ures  be  taken  for  its  admission  into  the  federal 
Union.1 

Before  this  report  was  taken  into  consideration 

introduction  of  new  States  out  of  or  by  the  junction  of  two  or  more 

that  territory,  was   "  the  assump-  States,  or  parts  of  States,  without 

tion  of  an  excrescent  power,"  grow-  the  consent  of  the  legislatures  of 

ing  out  of  circumstances  which  im-  the  States  concerned,  as  well  as  of 

posed   upon    Congress   the   "  task  Congress.     These   limitations   are 

of  overleaping  their  constitutional  a  precise  fulfilment  of  the  idea  we 

boundaries."    [See  Federalist,  No.  have  seen  expressed  by  Mr.  Mad- 

38  and  No.  43.]  ison  in  his  letter  to  Mr.  Jones  of 

It  was  to  supply  this  defect  of  the  19th  of  September,  1780.  [See 

power,  and  to  guard  against  the  ante,  p.  469.] 
dangers  of  usurpation  under  the         l  See  Journals  of  Congress,  vol. 

plea  of  necessity,  that  an  express  iv.   pp.   11,    12.     The   committee 

authority  was  given  to  Congress,  consisted  of  Mr.  Clymer  of  Penn- 

in  the  constitution  of  1 788,  to  "  ad-  sylvania,  Mr.  Carroll  of  Maryland, 

mit  new  States   into  the  Union,"  Mr.  Clark  of  New  Jersey,  Mr.  Liv- 

but  under  limitations  which  forbid  ermore  of  New   Hampshire,  and 

the  formation  of  a  new  State  within  Mr.  Law  of  Connecticut, 
the  jurisdiction  of  another  State, 


VERMONT  COMMITS  ACTS   OF  VIOLENCE.     477 

by  Congress,  the  authorities  of  Vermont  commit 
ted  fresh  acts  of  violence  on  persons  professing 
allegiance  to  the  State  of  New  York,  by  which 
some  of  them  were  condemned  to  banishment, 
"not  to  return  on  pain  of  death,  and  confisca 
tion  of  estate,"  and  others  were  fined  in  large 
sums,  and  deprived  of  their  property.  These 
facts  were  brought  to  the  knowledge  of  Congress 
by  a  representation  from  the  governor  of  New 
York  ;  whereupon  resolutions,  moved  by  Mr. 
McKean  of  Pennsylvania,  were  adopted,  declaring 
the  aforesaid  acts  to  be  in  direct  violation  of  the 
resolutions  of  Congress  passed  on  the  24th  of 
September,  1779,1  to  be  highly  derogatory  to  the 
authority  of  the  United  States,  and  dangerous  to 
the  confederacy,  —  requiring  the  people  of  the 
district  (now  again  called  the  "New  Hampshire 
Grants,")  to  make  full  and  ample  restitution, 
without  delay,  to  the  parties  injured,  —  and 
"pledging  the  United  States  to  take  effectual 
measures  to  enforce  a  compliance  with  the  afore 
said  resolutions,  in  case  the  same  be  disobeyed 
by  the  people  of  the  said  district."2 

These  resolutions,  moved  by  the  delegate  of  a 
State  which  had  always  hitherto  been  counted 
among  the  patrons  of  Vermont,  were  sustained 
by  the  votes  of  several  other  States  alike  com 
mitted  to  her  cause,  and  finally  passed^  with  the 
dissent  only  of  Khode  Island  and  New  Jersey. 

1  See  ante,  pp.  467,  468. 

2  See  Journals  of  Congress,  vol.  iv.  pp.  112-114. 


478  LIFE   AND    TIMES   OF  MADISON. 

Thus  did  these  "  turbulent  sons  of  freedom "  dash 
from  their  lips,  by  their  own  rashness,  the  cup 
of  independence  and  admission  into  the  Union, 
at  the  moment  that  it  was  held  out  to  them  by 
the  generous  hand  of  Congress.  Instead  of  com 
pliance,  the  resolutions  last  adopted  by  Congress 
produced  only  a  tart  and  unbecoming  remon 
strance  to  the  national  council  from  the  acting 
authorities  of  Vermont ;  and  fears  began  to  be 
seriously  entertained,  and  nowhere  with  more 
painful  anxiety  than  in  the  paternal  bosom  of 
the  commander-in-chief,1  that  brethren  might  be 
called  to  shed  each  others'  blood  in  the  closing, 
and  otherwise  triumphant,  scenes  of  a  contest 
commenced  and  prosecuted  for  the  common  lib 
erty  and  happiness  of  all.  The  good  genius  of 
America  forbade ;  and  Vermont  had  to  bide  her 
time  till,  in  the  manner  and  form  prescribed  by 
the  general  provisions  of  the  constitution  of  1788, 
she  was  regularly  admitted  into  the  sisterhood 
of  States. 

i  See  his  letter  to  Mr.  Jones,  one  of  the  delegates  of  Virginia  in 
Congress,  in  Sparks's  Washington,  vol.  vin.  pp.  382-384. 


CHAPTEK    XYI. 

Congress,  after  Provisional  Articles  of  Peace,  determine  to  dismiss  a 
Portion  of  the  Army  on  Furlough  —  Orderly  and  praiseworthy 
Conduct  of  Main  Body  of  the  Army  on  the  Occasion  —  Complaints 
and  Mutiny  of  a  Detachment  of  the  Pennsylvania  Line  —  They 
insult  the  Executive  Council  and  Congress — -Mr.  Madison's  State 
ment  of  the  Affair  —  Congress  adjourn  from  Philadelphia  to  Prince 
ton —  Washington  indignant  at  the  Conduct  of  the  Mutineers  — 
Sends  General  Howe  to  reduce  and  punish  them  —  Their  Sub 
mission  —  Congress  hold  their  Sittings  in  the  College  Buildings  at 
Princeton  —  Proceedings  on  fixing  a  permanent  as  well  as  tempo 
rary  Place  of  Meeting  —  Two  Federal  Towns  to  be  established 
for  the  alternate  Residence  of  Congress  —  Mr.  Madison's  Views  on 
Question  of  Jurisdiction  at  Seat  of  Government  —  General  Wash 
ington  invited  by  Congress  to  Princeton  —  His  Reception — Re 
ception  and  public  Audience  of  Dutch  Minister  —  Delays  in 
Conclusion  of  Definitive  Treaty  of  Peace  —  Change  of  Adminis 
tration  in  England  —  Coalition  of  Mr.  Fox  and  Lord  North  — 
Evasions  of  Coalition  Ministry  in  Negotiations  at  Paris  —  Distrust 
and  Uneasiness  of  Congress  —  They  reject  Proposition  for  disband 
ing  the  Army,  and  for  farther  Measures  in  Execution  of  Provis 
ional  Articles  —  Definitive  Treaty  at  last  concluded  — -  Congress 
vote  Thanks  to  the  Army,  and  issue  Proclamations  for  their  Dis 
charge  and  for  a  Day  of  public  Thanksgiving  — "Mr.  Madison's 
Service  in  the  old  Congress  closes. 

IN  our  last  chapter,  mention  was   incidentally 
made  of  the  adjournment  of  Congress  from  Phil- 


480  LIFE  AND  TIMES   OF  MADISON. 

adelphia  to  Princeton,  in  consequence  of  the  free 
dom  of  their  deliberations  at  the  former  place 
being  interrupted  by  the  mutiny  of  a  band  of 
soldiers.  A  circumstance  so  unusual,  and  at  the 
same  time  admonitory,  in  the  civil  history  of  the- 
United  States  demands  a  fuller  development. 

The  uncertain  and  equivocal  state  of  things 
produced  by  the  long  interval  between  the  pro 
visional  articles  of  peace  and  a  definitive  treaty, 
gave  rise  to  much  embarrassment  in  Congress  as 
to  the  disposal  to  be  made  of  the  army.  Instead 
of  a  final  disbandment,  which  was  earnestly 
pressed  by  some,  it  was  determined,  on  the  26th 
of  May,  1783,  that  the  commander-in-chief  be 
authorized  to  grant  furloughs  to  the  men  enlisted 
to  serve  during  the  war;1  so  that,  if  the  provis 
ional  articles  should  not  be  followed  by  a  defin 
itive  treaty,  the  soldiers  thus  engaged  might  be 
promptly  recalled  to  the  standard  of  the  country, 
without  the  necessity  of  a  new  enlistment.  This 
measure  even,  without  the  means  of  paying  the 
arrears  due  to  the  army,  was  not  very  easy  of 
execution.  Mr.  Madison,  in  writing  to  a  friend 
some  months  before,  had  said :  "  Without  money, 
there  is  some  reason  to  surmise  that  it  may  be 
as  difficult  to  disband  an  army  as  it  has  been  to 
raise  one." 2 

But  the  great  influence  which  the  commander- 

1   See  Journals  of  Congress,  vol.  iv.  p.  224.     The  furloughed  men 
were  allowed  to  take  their  arms  with  them. 
a  See  Madison  Debates  and  Correspondence,  vol.  i.  pp.  174,  175. 


MEASURES  FOR  DISBANDING  ARMY.          481 

in-chief  possessed  over  the  hearts  and  minds  of 
the  army,  combined  with  their  own  exemplary 
civic  virtue  and  patriotism,  enabled  him  to  carry 
it  into  effect  to  the  satisfaction  of  both  the  army 
and  Congress,  not  only  with  an  empty  military 
chest,  but  even  before  any  settlement  of  their 
accounts  was  made.  In  writing  to  the  president 
of  Congress  on  the  7th  of  June,  1783,  he  says  : 
"  The  two  subjects  of  complaint  with  the  army 
appear  to  be  the  delay  of  the  three  months' 
payment,  which  had  been  expected,  and  the  want 
of  a  settlement  of  accounts.  I  have  thought  my 
self  authorized  to  assure  them  that  Congress  had 
attended  and  would  attend  particularly  to  their 
grievances,  and  have  made  some  little  variations 
respecting  furloughs  from  what  was  at  first  pro 
posed."  He  then  warmly  commends  "  the  tem 
perate  and  orderly  conduct  of  the  whole  army," 
on  the  occasion  of  the  execution  of  a  measure 
so  delicate  and  trying,  and  concludes  with  these 
words  of  touching  and  affectionate  fidelity  to  his 
veteran  followers :  "  Permit  me  to  recall  to  mind 
all  their  former  sufferings  and  merits,  and  to 
recommend  their  reasonable  request  to  the  early 
and  favorable  notice  of  Congress."  * 

But  while  such  was  the  admirable  conduct  of 
the  whole  army  under  the  immediate  command 
and  influence  of  Washington,  a  different  spirit 
was  manifested  by  one  or  two  detachments  at  a 
distance.  On  the  13th  of  June,  the  troops  in 

1  See  Sparks's  Washington,  vol.  vui.  pp.  438,  439. 
VOL.  i.  41 


482  LIFE   AND   TIMES   OF  MADISON. 

the  barracks  at  Philadelphia  sent  in  a  memorial 
to  Congress,  signed  by  the  non-commissioned  offi 
cers  in  behalf  of  the  whole,  setting  forth  their 
claims,  and  demanding  a  satisfactory  answer  in 
the  course  of  the  day,  with  a  threat,  otherwise, 
of  taking  measures  to  right  themselves.1 

Hardly  was  this  demonstration  quieted,  when 
information  was  laid  before  Congress  on  the  19th 
of  June,  by  the  executive  council  of  Pennsylva 
nia,  that  eighty  soldiers,  who  would  probably  be 
joined  by  the  discharged  soldiers  of  Armand's 
legion,  were  on  their  way  from  Lancaster  to 
Philadelphia,  in  spite  of  the  expostulations  of 
their  officers,  declaring  that  they  would  proceed 
to  the  hall  of  Congress  and  demand  justice,  and 
intimating  designs  against  the  bank.  On  the  fol 
lowing  day,  these  mutineers,  under  the  guidance 
of  their  sergeants,  came  into  the  city,  professing 
then  to  have  no  other  object  than  a  settlement 
of  accounts,  which  they  supposed  "they  had  a 
better  chance  for  at  Philadelphia  than  Lancaster." 

The  scenes  which  took  place  the  day  after, 
(21st  of  June,)  are  thus  described  by  Mr.  Madi 
son  in  his  diary  of  the  proceedings  of  Congress  : 

"The  mutinous  soldiers  presented  themselves, 
drawn  up  in  the  street  before  the  state  house, 
where  Congress  had  assembled.  The  executive 
council  of  the  State,  sitting  under  the  same  roof, 
was  called  on  for  the  proper  interposition.  Pres 
ident  Dickenson  came  in,  and  explained  the  diffi- 

i  Madison  Debates  and  Correspondence,  vol.  i.  pp.  160  and  548. 


MUTINY   OF   SOLDIERS  IN  PHILADELPHIA.     483 

culty,  under  actual  circumstances,  of  bringing  out 
the  militia  of  the  place  for  the  suppression  of 
the  mutiny.  He  thought  that,  without  some  out 
rages  on  persons  or  property,  the  militia  could 
not  be  relied  on.  General  St.  Clair,  then  in  Phil 
adelphia,  was  sent  for,  and  desired  to  use  his  in 
terposition  in  order  to  prevail  on  the  troops  to 
return  to  the  barracks.  His  report  gave  no  en 
couragement. 

"In  this  posture  of  things,  it  was  proposed 
by  Mr.  Izard  that  Congress  should  adjourn.  It 
was  proposed  by  Mr.  Hamilton  that  General  St. 
Clair,  in  concert  with  the  executive  council  of 
the  State,  should  take  order  for  terminating  the 
mutiny.  Mr.  Reed  moved  that  the  General 
should  endeavour  to  withdraw  the  troops  by  as 
suring  them  of  the  disposition  of  Congress  to  do 
them  justice. 

"It  was  finally  agreed  that  Congress  should 
remain  till  the  usual  hour  of  adjournment,  but 
without  taking  any  step  in  relation  to  the  alleged 
grievances  of  the  soldiers,  or  any  other  business 
whatever.  In  the  mean  time,  the  soldiers  re 
mained  in  their  position  without  offering  any 
violence ;  individuals  only  occasionally  uttering 
offensive  words,  and  wantonly  pointing  their  inus- 
kets  to  the  windows  of  the  hall  of  Congress. 
No  danger  from  premeditated  violence  was  ap 
prehended  ;  but  it  was  observed  that  spirituous 
drink,  from  the  tippling-houses  adjoining,  began 
to  be  liberally  served  out  to  the  soldiers,  and 


484  LIFE   AND  TIMES   OF  MADISON. 

might  lead  to  hasty  excesses.  None  were  com 
mitted,  however ;  and  about  three  o'clock,  the 
usual  hour,  Congress  adjourned,  —  the  soldiers 
(though  in  some  instances  offering  a  mock  ob 
struction)  permitting  the  members  to  pass  through 
their  ranks.  They  soon  afterwards  retired  them 
selves  to  the  barracks."  1 

In  the  evening  of  the  same  day,  Congress  re 
assembled  in  their  hall,  and  passed  resolutions 
for  formally  communicating  to  the  president  and 
executive  council  of  Pennsylvania  "  the  gross  in 
sult  which  had  been  offered  to  the  authority  of 
the  United  States  by  the  disorderly  and  men 
acing  appearance  of  a  body  of  armed  soldiers 
about  the  place  within  which  Congress  was  as 
sembled,"  and  appointing  a  committee,  consisting 
of  Colonel  Hamilton,  Mr.  Ellsworth,  and  Mr.  Pe 
ters,  to  confer  with  those  authorities,  and  to  rep 
resent  to  them  the  necessity  "of  effectual  meas 
ures  being  immediately  taken  for  suppressing  the 
revolt,  and  maintaining  the  dignity  and  authority 
of  the  United  States." 

In  case  the  committee,  after  their  conference 
with  the  State  authorities,  should  be  of  opinion 
that  "  there  was  not  a  satisfactory  ground  for 
expecting  adequate  and  prompt  exertions  of  the 
State  for  supporting  the  dignity  of  the  federal 
government,"  the  president  of  Congress  was,  on 
their  advice  to  that  effect,  to  summon  the  body 
to  meet,  on  the  26th  of  the  month,  at  Trenton 

i  Madison  Debates,  vol.  I.  pp.  465,  466. 


CONGRESS  REMOVES  TO  PRINCETON.         485 

or  Princeton,  in  the  State  of  New  Jersey.1  The 
answer  of  the  executive  council  giving  no  assur 
ance  of  any  prompt  and  effectual  interposition 
on  their  part,  but  on  the  contrary  avowing  that 
the  cooperation  of  the  militia  of  the  city  was 
not  to  be  counted  on,  except  "  in  case  of  further 
outrage,  and  actual  violence  to  person  or  prop 
erty,"  the  president  of  Congress,  upon  the  advice 
of  the  .  committee,  proclaimed  an  adjournment  to 
the  State  of  New  Jersey,  as  directed  by  the  res 
olutions  already  adopted. 

A  resolution  had  been  passed,  at  the  same 
time,  directing  the  secretary  of  war  to  commu 
nicate  to  the  commander-in-chief  the  occurrences 
which  had  taken  place,  in  order  that  he  might 
despatch  to  the  city  such  force  as  he  should 
judge  expedient  for  suppressing  the  disturbances. 
The  communication  was  received  by  General 
Washington  at  Newburgh  on  the  24th  of  the 
month,  when  he  immediately  wrote  to  the  pres 
ident  of  Congress  as  follows  :  — 

"It  was  not  until  three  o'clock  this  afternoon 
that  I  had  the  first  information  of  the  infamous 
and  outrageous  mutiny  of  a  part  of  the  Penn 
sylvania  troops.  It  was  then  I  received  your 
Excellency's  letter  of  the  21st,  by  your  express ; 
and,  agreeably  to  your  request  contained  in  it, 
I  instantly  ordered  three  complete  regiments  of 
infantry  and  a  detachment  of  artillery  to  be  put 
in  motion  as  soon  as  possible.  This  corps,  which, 

1  Journals  of  Congress,  vol.  iv.  pp.  231,  232. 
41* 


486  LIFE   AND   TIMES   OF  MADISON. 

you  will  observe  by  the  return,  is  a  large  pro 
portion  of  our  whole  force,  will  consist  of  fifteen 
hundred  effectives.  As  all  the  troops  who  com 
posed  this  gallant  dittle  army,  as  well  those  who 
are  furloughed  as  those  who  remain  in  service, 
are  men  of  tried  fidelity,  I  could  not  have  occa 
sion  to  make  any  choice  of  corps." 

Filled  with  indignation  and  horror  at  the  dis 
loyal  proceedings  of  this  band  of  mutineers, 
and  anxious  that  the  reproach  of  their  conduct 
should  riot,  in  any  manner,  be  visited  upon  the 
character  of  the  army  which  had  followed  him 
through  so  many  trials,  and  which  he  loved  so 
well,  he  proceeded  :  — 

"While  I  suffer  the  most  poignant  distress  in 
observing  that  a  handful  of  men,  contemptible  in 
numbers,  and  equally  so  in  point  of  service,  (if 
the  veteran  troops  from  the  southward  have  not 
been  seduced  by  their  example,)  and  who  are 
not  worthy  to  be  called  soldiers,  should  disgrace 
themselves  and  their  country,  as  the  Pennsyl 
vania  mutineers  have  done,  by  insulting  the  sov 
ereign  authority  of  the  United  States,  and  that 
of  their  own,  I  feel  an  inexpressible  satisfaction 
that  even  their  behaviour  cannot  stain  the  name 

of  the  American  soldiery For  when 

we  consider  that  these  Pennsylvania  levies,  who 
have  now  mutinied,  are  recruits  and  soldiers  of 
a  day,  who  have  not  borne  the  heat  and  burden 
of  the  war,  and  who  can  have,  in  reality,  very 
few  hardships  to  complain  of;  and  when  we,  at 


LETTER  OF  WASHINGTON  TO  CONGRESS.  487 

the  same  time,  recollect  that  tnose  soldiers  who 
have  lately  been  furloughed  from  this  army  are 
the  veterans  who  have  patiently  borne  hunger, 
nakedness,  and  cold  •  who  have  suffered  and  bled 
without  a  murmur,  and  who,  with  perfect  good 
order,  have  retired  to  their  homes  without  a  settle 
ment  of  their  accounts,  or  a  farthing  of  money  in 
their  pockets ;  we  shall  be  as  much  astonished  at 
the  virtues  of  the  latter,  as  we  are  struck  with 
horror  and  detestation  at  the  proceedings  of  the 
former ;  and  every  candid  mind,  without  indulging 
ill-grounded  prejudices,  will  undoubtedly  make  the 
proper  discrimination." 

Congress  assembled  at  Princeton  at  the  time 
appointed,  and  was  welcomed  by  a  patriotic  let 
ter  from  the  governor  of  the  State,  assuring  that 
body  of  the  loyal  attachment  and  support  of  the 
citizens  of  New  Jersey.  The  trustees  and  mas 
ters  of  the  college  immediately  placed  at  the 
disposal  of -Congress  the  use  of  "its  hall,  library, 
and  every  other  convenience  which  the  edifice 
could  afford."  The  offer  was  thankfully  accept 
ed  ;  and  in  those  walls  where,  eleven  years  be 
fore.  Madison  was  a  quiet  and  peaceful  student 
from  a  distant  province  of  the  British  crown,  we 
now  see  him  the  active  and  busy  representative 
of  that  same  province,  become  a  sovereign  and 
independent  State,  and  in  conjunction  with  as 
sembled  representatives  from  twelve  other  widely 
separated  provinces,  which  had  in  like  manner 
thrown  off  their  subjection  to  the  British  crown, 


488  LIFE  AND  TIMES   OF  MADISON. 

making  laws  for  united  and  independent  Amer 
ica,  and  freely  deliberating  on  the  terms  of  peace 
with  their  former  sovereign,  now  an  alien  and 
belligerent  power.  Human  life  has  few  more  re 
markable  contrasts  than  this. 

One  of  the  first  measures  of  Congress  in  their 
new  residence  was  to  order  Major-General  Howe, 
who  had  been  placed  in  command  of  the  detach 
ment  of  fifteen  hundred  men  sent  by  Washing 
ton  for  the  suppression  of  the  disorders  in  Phil 
adelphia,  to  march  into  Pennsylvania  with  such 
part  of  his  force  as  he  should  deem  necessary 
to  put  an  effectual  end  to  the  late  mutiny,  and 
to  apprehend  and  bring  to  trial  all  such  persons, 
belonging  to  the  army,  as  had  been  principally 
active  in  it.  This  service  was  promptly  and  sat 
isfactorily  performed.  The  mutineers  immedi 
ately  submitted.  Two  of  the  sergeants  were  tried 
by  a  court-martial,  and  condemned  to  death; 
but  it  appearing  that  they  had  been  seduced  by 
two  of  their  subaltern  officers  of  very  bad  charac 
ter,  who  had  made  their  escape  on  the  approach 
of  General  Howe's  detachment,  they  were  finally 
pardoned  by  Congress. 

Although  this  affair  was  thus  speedily  termi 
nated,  it  served  to  evince  the  necessity  of  Con 
gress  possessing  an  independent  jurisdiction  in 
the  place  of  their  sittings.  Much  time  was  spent 
in  discussing  the  nature  and  extent  of  the  local 
jurisdiction  they  should  be  invested  with,  in  order 
to  insure  the  freedom  and  dignity  of  their  delib- 


FUTURE  SEAT  OF  GO  VERM  2XT.      489 


erations,  and  also  in  fixing  upon  a  permanent 
seat  for  their  future  residence.  This  last  ques 
tion  brought  into  competition  so  many  geograph 
ical  interests  and  aspirations  that  it  was  exceed 
ingly  difficult  to  arrive  at  any  solution. 

The  competition  was  at  length  narrowed  down 
to  the  banks  of  the  Delaware  and  the  banks  of 
the  Potomac.  After  a  decision  in  favor  of 
the  former,  which  was  not  satisfactory  to  the 
Southern  States,  a  representative  of  Massachu 
setts,  Mr.  Gerry,  brought  forward  a  proposition 
for  the  alternate  residence  of  Congress  in  two 
places,  as  better  calculated  "to  promote  the  mu 
tual  confidence  and  affection  of  the  States,"  and 
with  that  view,  moved  that  suitable  buildings  for 
the  accommodation  of  Congress  be  erected  on 
the  banks  of  the  Potomac,  near  the  lower  falls, 
as  well  as  on  the  banks  of  the  Delaware,  near 
its  falls,  as  had  already  been  determined  upon 
by  a  previous  vote.1  The  proposition,  which  was 
certainly  conceived  in  a  generous  and  enlarged 
spirit,  met  the  acceptance  of  Congress  ;  but  the 
practical  inconveniences  of  such  an  arrangement, 
under  the  immense  accumulation  of  public  busi 
ness  to  be  expected  in  so  extensive  a  country, 
became  too  obvious  to  permit  a  serious  attempt 
to  carry  it  into  execution.2 

1  See  Journals  of  Congress,  vol.  tween  the  Eastern  and  Southern 
IV.  pp.  297,  300,  and  307,  308.  States  against  the  Middle;  which 

2  This  arrangement,  destined  to  seemed  a  retributive  offset  to  the 
a  very  brief  duration,  was  brought  coalition  we  have  already  seen  en- 
about  by  a  temporary  coalition  be-  tered  into  between  the  Middle  and 


490 


LIFE  AND   TIMES   OF  MADISON. 


With  regard  to  the  jurisdiction  over  the  pro 
posed  federal  towns,  Congress,  not  having  been 
able  to  determine  the  precise  nature  and  extent 
of  it  to  their  own  satisfaction,  provided  in  gen 
eral  that  "  an  exclusive  jurisdiction,  or  such  other 
as  Congress  may  direct,  should  be  vested  in  the 
United  States."  Mr.  Madison,  always  alive  to  the 
importance  of  every  question  which  respected  the 
constitutional  boundaries  of  power,  expressed  his 
views  on  this  subject,  in  a  letter  of  July  28th, 
1783,  to  his  friend  Judge  Pendleton,  as  follows: 

"In  order  to  prepare  the  way  to  their  perma 
nent  residence,  Congress  have  appointed  a  corn- 


Eastern  States  against  the  South 
ern,  with  regard  to  the  territorial 
question.  A  letter  addressed,  in 
January,  1784,  by  Mr.  Higginson, 
one  of  the  delegates  of  Massachu 
setts,  to  Colonel  Bland,  lately  a  del 
egate  from  Virginia,  shows  both 
the  fact  of  the  coalition,  and  the 
strong  feelings  of  dissatisfaction 
which  then  existed  among  the 
Eastern  delegates  towards  Penn 
sylvania  in  particular,  the  chief  of 
the  Middle  States.  We  subjoin 
the  following  extract  from  that 
letter  as  a  curious  piece  of  con 
temporary  history. 

"You  returned  home,  I  imagine, 
with  much  greater  satisfaction,  hav 
ing  given  your  voice  in  favor  of 
the  alternate  residence  of  Con 
gress.  That  decision  of  Congress 
was,  in  my  opinion,  founded  on  the 
best  of  policy.  It  has  long  been 
my  wish  to  see  the  Southern  and 


Eastern  States  united.  Their  com 
mon  safety  and  interest  must  be 
increased  by  that  decision  ;  for  the 
Middle  States  had  certainly  laid 
such  plans,  and  acquired  such  an 
influence,  as  would  have  given 
them  the  entire  direction  of  the 
national  concerns.  Pennsylvania, 
or  rather  a  junto  of  ambitious  in 
dividuals  in  it,  had  conceived  the 
idea  of  lording  it  over  the  other 
States ;  and  nothing  but  a  coalition 
of  the  extremities  could  have  pre 
vented  their  succeeding.  They 
always  exerted  themselves  to  keep 
up  a  high  degree  of  jealousy  be 
tween  the  Southern  and  Eastern 
States;  and  while  their  attention 
was  engaged  in  watching  each 
other,  these  would-be  despots  were 
ever  concerting  and  executing  their 
plans  for  the  subjugation  of  both." 
See  the  Bland  Papers,  vol.  n.  p. 
113. 


JURISDICTION   OVER  FEDERAL  TOWN.        491 

mittee  to  define  the  jurisdiction  proper  for  them 
to  be  invested  with.     Williamsburg  has  asked  an 
explanation  on   this  point.     The   nearer  the  sub 
ject  is  viewed,  the  less   easy  it  is  to  mark  the 
just  boundary  between  the  authority  of  Congress 
and  that  of  the   State   on  one   side,  and,  on   the 
other,  between  the  former  and  the  privileges  of 
the  inhabitants.      May   it    not    also    be    made    a 
question  whether,  in  constitutional  strictness,  the 
gift  of  any  State,  without  the  concurrence  of  all 
the  rest,  can  authorize  Congress  to  exercise  any 
power  not  delegated  by  the   confederation,  —  as 
Congress,   it    would    seem,    are    incompetent    to 
every  act  not  warranted   by  that  instrument,  or 
some  other  flowing  from  the  same  source." 

Thus  did  the  thoughtful  and  comprehensive 
mind  of  Mr.  Madison  foreshadow  the  difficulties 
of  a  question,  which  it  was  reserved  for  the  con 
vention  of  1787  to  solve  by  an  express  provision 
in  the  new  constitution.  It  is  remarkable  that, 
in  the  same  letter,  he  suggested  the  expedient 
by  which  the  permanent  and  sole  seat  of  Con 
gress  and  of  the  federal  government  was  ulti 
mately  assigned  to  the  banks  of  the  Potomac. 

"  Williamsburg,"  he  says,  « seems  to  have  a 
very  slender  chance,  as  far  as  I  can  discover. 
Annapolis,  I  apprehend,  would  have  a  greater 
number  of  advocates.  But  the  best  chance,  both 
for  Maryland  and  Virginia,  will  be  to  unite  in 
offering  a  double  jurisdiction  on  the  Potomac."  J 

1  See  Madison  Debates  and  Correspondence,  vol.  i.  pp.  558,  559. 


492  LIFE  AND   TIMES   OF  MADISON. 

After  Congress  had  disposed  of  the  question 
of  their  permanent  residence  in  the  manner  above 
mentioned,  they  settled  that  of  their  temporary 
abode,  in  the  same  spirit  of  geographical  compro 
mise,  by  directing  that,  until  the  buildings  to  be 
erected  on  the  banks  of  the  Delaware  and  the 
Potomac  should  be  prepared  for  the  reception  of 
Congress,  their  residence  shall  be  alternately,  at 
equal  periods  of  not  more  than  one  year  and  not 
less  than  six  months,  in  Trenton  and  Annapolis, 
and  that  Congress  be  adjourned  on  the  4th  day 
of  November,  to  meet  at  Annapolis  on  the  26th 
of  the  same  month.1 

Until  the  day  fixed  for  their  adjournment,  they 
continued  their  sessions  in  Princeton.  Two  events 
of  an  imposing  character  occurred  to  illustrate 
the  period  of  their  sojournment  in  that  quiet, 
academic  retreat.  Upon  the  invitation  of  Con 
gress,  the  commander-in-chief  transferred  his  res 
idence  to  Princeton  from  his  head-quarters  on  the 
Hudson.  The  ostensible  motive  of  the  invitation 
was  the  desire  to  consult  him  upon  the  details 
of  a  proper  peace  establishment;  but  the  yearn 
ings  of  the  hearts  of  the  representatives  of  the 
nation  towards  their  great  chief,  and  the  comfort 
of  leaning  upon  his  mighty  arm,  in  peace  as  in 
war,  doubtless  entered  largely  into  the  feelings 
which  prompted  it. 

He  arrived  on  the  25th  of  August,  and  was 
on  the  following  day  received  by  Congress  in  a 

1  Journals  of  Congress,  vol.  iv.  pp.  302  and  315,  316. 


WASHINGTON  REMOVES  TO  PRINCETON.      493 

public  audience.  To  the  affectionate  welcome  and 
congratulations  of  the  president,  he  replied  by 
assuring  Congress  of  his  readiness  "to  contribute 
his  best  endeavours  towards  the  establishment  of 
the  national  security,  in  whatever  manner  the 
sovereign  power  may  think  proper  to  direct,  until 
the  definitive  treaty  of  peace  or  the  evacuation 
of  the  country  by  the  British  forces ;  after  either 
of  which  events,  he  should  ask  permission  to  re 
tire  to  the  peaceful  shades  of  private  life."  Ac 
commodations  were  provided  for  him  at  Rocky 
Hill,  a  pleasant  country  residence  in  the  imme 
diate  vicinity  of  Princeton;  where  he  continued 
for  more  than  two  months,  and  until  a  few  days 
before  the  evacuation  of  the  city  of  New  York 
by  the  British  army  under  the  command  of  Sir 
Guy  Carle  ton. 

The  other  event  to  which  we  have  alluded  was 
the  public  reception  of  the  Chevalier  Van  Berckel, 
minister  of  the  United  Netherlands,  —  the  second 
foreign  minister  ever  accredited  to  the  United 
States,  and  the  representative  of  an  illustrious 
republic,  which  was  next  to  our  great  ally  among 
the  powers  of  Europe  in  the  recognition  of  our 
national  independence.  Congress  was  naturally 
desirous  of  marking  the  occasion  with  every  cir 
cumstance  of  public  honor  and  respect  which 
their  present  situation  admitted.  The  office  of 
secretary  of  foreign  affairs  being  vacant  by  the 
resignation  of  Mr.  Livingston,  Mr.  Robert  Morris, 
superintendent  of  finance,  and  General  Lincoln, 

VOL.  I.  42 


494  LIFE   AND   TIMES    OF  MADISON. 

secretary  of  war,  were  charged  with  the  direction 
of  the  ceremonial;  and  the  commander-in-chief, 
the  executives  of  New  Jersey  and  Pennsylvania, 
the  minister  of  France,  and  "  such  civil  and  mil 
itary  gentlemen  as  were  in  or  near  Princeton," 
were  invited  to  attend.  It  was  also  ordered  that 
"an  entertainment  be  given  to  the  minister  at 
the  public  expense." 

The  audience  took  place  in  the  room  occupied 
by  Congress  in  the  college  building,  on  the  31st 
of  October.  The  striking  historical  parallel  in 
the  heroic  struggles  through  which  the  two  re 
publics  had  passed  in  order  to  achieve  their  na 
tional  independence,  could  not  but  be  called  to 
rnind  on  both  sides. 

The  minister,  in  addressing  Congress,  said : 
"While  all  Europe  kept  its  eyes  fixed  on  your 
exploits,  their  High  Mightinesses,  the  States-Gen 
eral,  could  not  refrain  from  very  seriously  inter 
esting  themselves  therein,  recollecting,  as  they 
always  did,  the  dangers  and  difficulties  to  which 
their  forefathers  were  subjected  before  they  could 
free  themselves  from  the  yoke  in  which  they 
were  enthralled.  They  knew,  better  than  any 
other,  the  worth  of  independence  ;  and  they  knew 
better  to  set  a  just  value  on  the  greatness  of 
your  designs.  They  applauded  your  generous 
enterprise,  which  was  inspired  by  a  love  of  your 
country,  conducted  with  prudence  and  supported 
with  heroic  courage ;  and  they  rejoiced  at  the 
happy  success  which  crowned  your  labors." 


RECEPTION   OF  DUTCH  MINISTER.  495 

To  these  allusions,  the  president  of  Congress 
replied:  "In  a  contest  for  the  rights  of  human 
nature,  the  citizens  of  the  United  States  of  Amer 
ica  could  not  but  be  impressed  with  the  glorious 
example  of  those  illustrious  patriots,  who,  triumph 
ing  over  every  difficulty  and  danger,  established 
the  liberties  of  the  United  Netherlands  on  the 
most  honorable  and  permanent  basis.  Congress, 
at  an  early  period  of  the  war,  sought  the  friend 
ship  of  their  High  Mightinesses,  convinced  that 
the  same  inviolable  regard  for  liberty,  and  the 
same  wisdom,  justice,  and  magnanimity  which  led 
their  forefathers  to  glory  were  handed  down  un 
impaired  to  their  posterity;  and  our  satisfaction 
was  great  in  accomplishing  with  them  a  treaty  of 
amity  and  commerce  on  terms  so  acceptable  to 
both  nations." 

He  added  the  following  cordial  and  glowing 
anticipation  of  the  future  intercourse  of  the  two 
republics,  which  happily  their  relations,  to  the 
present  day,  have  not  failed  to  justify. 

"Governed  by  the  same  ardent  love  of  free 
dom,  and  the  same  maxims  of  policy,  cemented 
by  a  liberal  system  of  commerce,  and  earnestly 
disposed  to  advance  our  mutual  prosperity  by  a 
reciprocity  of  good  offices,  we  persuade  ourselves 
that  the  most  friendly  and  beneficial  connection 
between  the  two  republics  will  be  preserved  in 
violate  to  the  latest  ages." 

Almost  a  year  had  now  elapsed  since  the  sig 
nature  of  the  provisional  articles  of  peace  at 


496  LIFE   AND   TIMES   OF  MADISON. 

Paris ;  and  although  military  operations  had  ceased 
on  both  sides,  the  main  body  of  the  British  army 
still  occupied  the  city  of  New  York,  awaiting,  no 
doubt,  the  farther  progress  of  the  negotiations  for 
a  definitive  treaty.  The  nature  and  causes  of  the 
delay  which  had  taken  place  in  those  negotia 
tions  are  to  be  sought  chiefly  in  the  complica 
tions  and  vicissitudes  of  political  parties  in  Eng 
land. 

A  few  days  after  the  conclusion  of  the  provis 
ional  articles  with  the  United  States,  the  British 
Parliament  assembled ;  and  in  the  speech  from 
the  throne,  the  reluctant  concession  of  American 
independence  was  mentioned  as  still  in  some 
degree  contingent  upon  the  settlement  of  the 
terms  of  peace  with  France.1  A  motion,  made 
by  Mr.  Fox,  for  the  production  of  the  provisional 
articles,  was  negatived ;  and,  soon  after,  Parlia 
ment  adjourned  to  the  21st  of  the  following 
month.  In  the  mean  time,  preliminary  articles 
of  peace  were  concluded  with  the  other  powers 
at  Paris;  and  on  the  27th  of  January,  1783,  all 

1  In  taking  leave  of  his  transat-  wishes  and  opinion  of  my  people, 
lantic  subjects,  the  king  expressed  I  make  it  my  humble  and  earnest 
a  paternal  solicitude  lest  their  con-  prayer  to  Almighty  God  that  Great 
stitutional  liberties  should  in  future  Britain  may  not  feel  the  evils  which 
be  endangered  by  the  privation  of  might  result  from  so  great  a  dis- 
monarchical  rule,  —  a  sentiment  memberment  of  the  empire,  and 
which  found  an  echo,  perhaps,  in  that  America  may  be  free  from 
some  American  minds  at  that  day.  those  calamities  which  have  for- 
"  In  thus  admitting,"  he  said,  "  their  merly  proved,  in  the  mother  coun- 
separation  from  the  crown  of  these  try,  how  essential  monarchy  is  to 
kingdoms,  I  have  sacrificed  every  the  enjoyment  of  constitutional  lib- 
consideration  of  my  own  to  the  erty." 


COALITION  MINISTRY  IN  ENGLAND.  497 

the  treaties  —  as  well  the  provisional  articles  with 
the  United  States,  as  the  preliminary  articles  with 
France  and  Spain  —  were  laid  before  Parliament 
and  ordered  to  be  printed.  The  17th  of  Febru 
ary  was  assigned  for  their  consideration. 

That  day  was  destined  to  witness  one  of  the 
most  extraordinary  and  ill-starred  political  combi 
nations  which  the  history  of  parties  in  any  coun 
try  has  ever  presented, —  a  coalition  between  the 
former  champion  of  American  subjugation,  and 
the  eloquent  advocate  of  American  freedom  who 
had  only  a  year  before  expelled  him  from  power. 
These  recent  antagonists  were  now  closely  and 
openly  united  in  concerted  opposition  to  the 
terms  of  peace.  While  a  professed  disapproba 
tion  of  the  conditions  of  peace  constituted  the 
ostensible  ground  of  this  union  between  Mr.  Fox 
and  Lord  North,  their  known  violent  resentments 
against  Lord  Shelburne,  and  the  prospect  of  again 
installing  themselves  in  power  upon  his  ruin,  fur 
nished  motives  so  much  more  obvious  and  intel 
ligible  for  a  conjunction  of  political  elements 
otherwise  so  repulsive  and  discordant,  that  the 
coalition  between  them  revolted  the  moral  sense 
of  the  nation.  Neither  the  captivating  wit  and 
incomparable  address  of  the  one,  nor  the  lofty 
abilities  and  generous  temper  of  the  other,  were 
ever  afterwards  able  to  restore  either  of  them 
entirely  to  the  public  confidence  and  esteem. 

The  coalition,  nevertheless,  had  a  momentary 
success.  An  amendment  to  the  usual  address 

42* 


498  LIFE   AND  TIMES   OF  MADISON. 

having  been  carried  by  them,  after  a  long  and 
vehement  debate,  on  the  17th  of  February,  for 
mal  resolutions,  condemning  the  terms  of  peace 
as  making  "greater  concessions  to  the  adversa 
ries  of  Great  Britain  than  they  were  entitled  to 
expect,"  were  introduced  on  the  21st  by  Lord 
John  Cavendish,  and  carried,  with  a  like  major 
ity,  by  the  same  political  combination.1  The 
adoption  of  these  resolutions  produced  the  result 
which  was  intended,  of  the  resignation  of  Lord 
Shelburne  and  the  dissolution  of  his  ministry ; 
but  owing  to  the  natural  repugnance  of  the  king 
to  the  leaders  of  the  coalition,  and  in  conse 
quence  of  the  number  of  rival  pretensions,  both 
personal  and  political,  to  be  reconciled  in  a  new 
arrangement,  a  long  ministerial  interregnum  en 
sued. 

It  was  not  until  the  2nd  of  April  that  another 
administration  was  formed,  with  the  Duke  of 
Portland,  first  lord  of  the  treasury,  Lord  North, 
secretary  of  state  for  the  home  department,  and 
Mr.  Fox,  secretary  for  foreign  affairs.  The  other 
places  in  the  government  were  distributed  be- 

1  In  the  course  of  the  debate  of  and  arbitrary  despots  stood  forth 

the  17th  of  February,  very  free  as  the  protectors  of  an  infant  re- 

and  pointed  animadversions  were  public ;  and  in  that  House,  lofty 

made  upon  the  coalition,  which,  it  and  strenuous  asserters  of  highpre- 

was  generally  understood,  had  been  rogative  had  combined  with  the 

concluded  the  night  before.  In  humble  worshippers  of  the  majesty* 

the  House  of  Commons,  Mr.  Powys  of  the  people ;  the  most  determined 

said :  —  advocate  of  crown  influence  was 

**  The  present  era  was  remarka-  seen  hand  in  hand  with  the  great 

ble  for  strange  confederacies ;  great  purifier  of  the  constitution." 


PROPOSALS   FOR  DEFINITIVE   TREATY.        499 

tween  the  political  friends  of  the  two  chiefs  of 
the  coalition-  but  the  larger  number,  as  well  as 
the  most  important  in  character  and  influence, 
fell  to  the  share  of  Mr.  Fox's  friends. 

In  the  resolutions  of  Lord  John  Cavendish,  it 
was  expressly  declared  that,  in  consideration  of 
the  public  faith  being  pledged,  the  peace  agreed 
upon  by  the  provisional  and  preliminary  articles 
should  be  inviolably  maintained  ;  and  it  was  also 
admitted  that  the  acknowledgment  of  American 
independence  was  in  compliance  with  the  neces 
sity  of  the  times  and  the  sense  of  Parliament. 
The  criticisms  made  in  debate  on  the  arrangement 
with  America  bore,  in  a  general  way,  on  the 
extent  of  the  boundaries,  and  the  large  partici 
pation  in  the  fisheries  yielded  by  it,  but  were 
directed,  with  particular  stress  and  earnestness, 
against  the  inadequate  and  unsatisfactory  nature 
of  the  provisions  made  on  behalf  of  the  loyalists. 

A  few  days  after  the  formation  of  the  coalition 
ministry,  Mr.  Hartley  was  appointed  in  the  place 
of  Mr.  Oswald,  to  settle  with  the  American 
commissioners  at  Paris  the  terms  of  a  definitive 
treaty,  and  immediately  set  out  on  his  mission. 
It  seemed,  at  first,  to  be  the  desire  of  the  new 
ministry  to  include  in  the  definitive  treaty  some 
arrangement  respecting  the  commercial  inter 
course  between  the  two  countries. 

The  late  administration  had  evinced  on  this 
subject  a  spirit  of  unusual  and  enlightened  liber 
ality.  Mr.  Pitt,  as  chancellor  of  the  exchequer. 


500  LIFE   AND   TIMES  OF  MADISON. 

had  introduced  into  the  House  of  Commons  a 
bill  for  the  temporary  regulation  of  the  inter 
course,  by  which  the  vessels  of  the  United  States 
were  to  be  admitted  into  all  the  ports  of  Great 
Britain  in  the  same  manner  as  the  vessels  of 
"other  independent,  sovereign  States;"  and  the 
productions  of  the  United  States,  imported  in 
their  own  vessels,  were  to  pay  no  other  or  higher 
duties  than  the  same  productions  would  be  liable 
to,  "  if  they  were  the  property  of  British  subjects 
and  imported  in  British  vessels."  The  trade  of 
the  British  West  India  Islands,  and  of  the  other 
British  Colonies  and  plantations  in  America,  was, 
by  the  same  bill,  to  be  opened  to  the  citizens 
of  the  United  States  with  American  produce  in 
American  vessels,  on  an  equal  footing  with  the 
subjects  of  Great  Britain  with  British  merchan 
dise  in  British  vessels. 

The  wise  liberality  of  this  measure  exposed  it 
to  the  vehement  attacks  of  the  British  navigat 
ing  interest;  and  it  was  withdrawn  by  the  new 
ministry.  What  they  now  desired  to  obtain,  and 
to  make  a  part  of  the  definitive  treaty,  was  ad 
mission  into  the  ports  of  the  United  States  with 
the  privileges  of  natives,  both  for  their  vessels 
and  cargoes,  in  exchange  for  like  privileges 
accorded  to  American  vessels  and  cargoes,  with 
regard  to  the  ports  of  Great  Britain  alone ;  leav 
ing  the  trade  with  the  British  West  Indies  and 
the  other  colonial  possessions  of  the  British  crown 
to  the  operation  of  the  Navigation  Act,  which 


WEST  INDIA   TRADE.  501 

would  entirely  exclude  the  citizens  of  the  United 
States  from  any  participation  in  that  trade.  In 
formation,  however,  was  soon  received  in  England 
that  the  American  ports  were  already  open  to 
British  trade  without  restriction ;  and  Lord  Shef 
field's  "Observations,"  which  appeared  about  the 
same  time,  having  satisfied  them  that  no  future 
defensive  or  retaliatory  measures  of  any  efficiency 
were  to  be  apprehended  from  the  United  States, 
so  long  as  there  was  no  central  authority  in  the 
confederacy  armed  with  the  direct  power  of  reg 
ulating  the  commerce  of  the  States  with  foreign 
nations,  the  ministry  grew  altogether  indifferent 
to  any  commercial  arrangement. 

The  American  commissioners,  on  their  part, 
were  very  anxious  to  obtain  for  the  citizens  and 
vessels  of  the  United  States  free  admission  to 
the  trade  with  the  British  West  Indies  and  other 
Colonies  in  America,  and  offered  to  pay  for  it 
the  price  of  the  privileges  of  natives,  to  be  ac 
corded  to  British  subjects  and  vessels  in  the 
ports  of  the  United  States.1  The  negotiations 

1  Mr.  Madison  thought  the  pro-  '  "  With  regard  to  the  concession 
posed  concession  unwise  in  princi-  to  be  made  on  the  part  of  the 
pie,  as  disarming  the  United  States  United  States,  it  may  be  observed 
of  a  power  of  discrimination  which  that  it  will  affect  chiefly,  if  not  sole- 
might  become  essential  for  the  ly,  those  States  (producing)  which 
protection  of  the  national  enter-  will  share  least  in  the  advantages 
prise  and  industry,  and  also  very  purchased  by  it.  So  striking,  in- 
unequal  in  its  effects  upon  the  deed,  does  this  contrast  appear, 
interests  of  the  producing  and  the  that  it  may  with  certainty  be  in- 
navigating  States.  In  this  last  ferred  that,  if  Great  Britain  were 
view,  in  a  letter  addressed  to  Mr.  negotiating  a  treaty  with  the  former 
Edmund  Randolph  in  May,  1783,  (navigating)  States  only,  she  would 
he  remarked  :  —  reject  a  mutual  communication  of 


502  LIFE   AND  TIMES   OF  MADISON. 

continued  to  drag  on  wearily  and  heavily,  amid 
propositions  on  the  one  side  and  the  other;  and 
what  was  specially  remarkable,  propositions  made 
by  the  British  negotiator  were,  in  several  in 
stances,  disallowed  and  rejected  by  his  own  govern 
ment.  At  length  appeared  the  royal  proclamation 
of  the  2d  of  July,  1783,  virtually  interdicting  the 
West  India  trade  to  the  citizens  and  vessels  of 
the  United  States,  by  allowing  it  only  to  "Brit 
ish  subjects  in  British-built  ships,  owned  by  his 
Majesty's  subjects,  and  navigated  according  to 
law." l 

On  the  27th  of  July,  the  American  commis 
sioners  wrote  to  Mr.  Livingston,  the  secretary  for 
foreign  affairs,  and  gave  him  the  following  ac 
count  of  the  state  of  the  negotiations :  — 

"The  definitive  treaties  between  the  late  bel 
ligerent  powers  are  none  of  them  yet  completed. 
Ours  has  gone  on  slowly,  owing  partly  to  the 
necessity  Mr.  Hartley,  successor  of  Mr.  Oswald, 
thinks  himself  under  of  sending  every  proposi 
tion,  either  his  own  or  ours,  to  his  court  for 
their  approbation,  and  their  delay  in  answering, 
through  negligence  perhaps,  since  they  have 
heard  our  ports  are  open,  or  through  indecision, 
occasioned  by  ignorance  of  the  subject,  or  through 

the  privileges  of  natives ;  nor  is  it  policy  of  the  United  States  with 

clear  that   her   apprehensions  on  regard  to   commercial  treaties,  in 

this  side  will  not  yet  lead  her  to  Madison  Debates  and  Correspond- 

reject  such  a  stipulation  with  the  ence,  vol.  I.  pp.  533-538. 
whole."  J  Diplomatic  Correspondence  of 

See  this  letter,  for  its  able  and  the  American  Revolution,  vol.  vn 

profound  views  in  general  on  the  pp.  82,  83. 


DISSATISFACTION  IN   UNITED   STATES.         503 

want  of  union  among  the  ministers.  We  send 
you  herewith  copies  of  several  papers  that  have 
passed  between  us.  He  has,  for  some  time,  as 
sured  us  that  he  is  in  hourly  expectation  of 
answers ;  but  they  do  not  arrive." 1 

In  the  mean  time,  not  a  little  distrust  and  un 
easiness  were  beginning  to  be  felt  in  the  United 
States,  in  consequence  of  these  delays.  We  have 
seen  with  what  promptitude  Congress,  immedi 
ately  after  the  arrival  of  the  provisional  articles, 
had  ordered  a  release  of  the  prisoners  of  war 
held  by  them,  in  fulfilment  of  the  stipulations  of 
one  of  those  articles;  and  yet  the  most  impor 
tant  of  the  posts,  which  Great  Britain  was,  by 
that  same  article,  bound  to  withdraw  her  armies 
from  "with  all  convenient  speed,"  were  still  oc 
cupied  by  her  troops;  and  another  of  its  stipu 
lations,  that  "no  negroes  or  other  property  of 
the  American  inhabitants  should  be  carried  away," 
was  daily  and  openly  violated  with  the  avowed 
knowledge  and  connivance  of  the  British  com- 
mander-in-chief. 

There  were,  nevertheless,  those  in  Congress 
who  thought  it  expedient,  even  under  these  cir 
cumstances,  to  disband  the  army;  and  on  the 
23d  of  May  a  committee,  consisting  of  Colonel 
Hamilton,  Mr.  Peters,  and  Mr.  Gorham,  reported 
a  resolution  that  the  non-commissioned  officers 
and  soldiers,  enlisted  to  serve  during  the  war,  be 

1  Diplomatic  Correspondence  of  the  American  Revolution,  vol.  JL 
p.  193. 


504  LIFE  AND  TIMES   OF  MADISON. 

immediately  discharged.  Mr.  Madison  moved  to 
recommit  the  report;  and  although  a  decided 
majority  of  the  members  present  voted  for  the 
motion,  (including  even  the  members  of  the  com 
mittee,  with  the  exception  of  Colonel  Hamilton,) 
it  was  lost  for  the  want  of  the  requisite  number 
of  affirmative  States.1 

A  proposition  was  then  submitted  by  Mr.  Wil 
liamson  of  North  Carolina  to  furlough,  instead  of 
discharging,  the  troops  enlisted  for  the  war.  Colo 
nel  Mercer  of  Virginia  opposed  both  propositions  in 
a  motion,  setting  forth,  as  the  grounds  of  it:  "First, 
that  Sir  Guy  Carleton  had  not  given  satisfactory 
reasons  for  continuing  at  New  York;  secondly, 
that  he  had  broken  the  articles  of  the  provis 
ional  treaty,  relative  to  the  negroes,  by  sending 
them  off."  Mr.  Madison,  in  giving  an  account  of 
these  proceedings,  records  "that  the  motion  of 
Colonel  Mercer  appeared  exceptionable  to  sev 
eral,  particularly  to  Mr.  Hamilton;  and  rather 
than  it  should  be  entered  on  the  Journals  by  yeas 
and  nays,  it  was  agreed  that  the  whole  subject 
should  lie  over."  The  propositions  both  to  dis 
charge  and  to  furlough  the  troops  were,  however, 
successively  negatived.2 

The  subject  came  up  again  on  the  26th  of 
May,  when,  upon  the  motion  of  Colonel  Hamil 
ton,  resolutions  were  unanimously  adopted  in- 

1  Journals  of  Congress,  vol.  iv      454,  455,   and   Journals  of  Con- 
pp.  222,  223.  gresS)  vol  Iy  p   223. 

2  Madison  Debates,  vol.  i.  pp. 


A  PARTY  OVER-ANXIOUS  FOR  PEACE.        505 

structing  our  ministers  abroad  to  remonstrate  to 
the  court  of  Great  Britain  against  the  violation 
of  the  provisional  articles  in  the  carrying  away 
the  negroes,  and  to  demand  reparation  for  the 
same,  and  directing  the  commander-in-chief  like 
wise  to  continue  his  remonstrances  on  the  subject 
to  Sir  Guy  Carleton.  The  proposition  previously 
submitted  by  Mr.  Williamson  of  North  Carolina 
to  furlough  the  troops  enlisted  for  the  war,  was 
then  moved  by  Colonel  Hamilton,  and  was  passed, 
as  we  have  already  had  occasion  to  mention.1 

The  same  party  in  Congress  which  favored  an 
immediate  disbandment  of  the  army,  and  had 
carried  through  the  proposition  for  an  immediate 
release  of  the  prisoners  of  war,  now  proposed 
other  measures  to  precipitate  the  complete  exe 
cution  of  the  provisional  articles  on  the  part  of 
the  United  States  in  advance  of  the  conclusion 
of  a  definitive  treaty,  and  notwithstanding  the 
disregard  which  had  been  shown  of  those  articles 
by  the  British  authorities.  On  the  9th  of  May, 
Mr.  Dyer  of  Connecticut  moved  "  a  recommenda 
tion  to  the  States  to  restore  confiscated  property 
according  to  the  provisional  articles ; "  and  on  the 
14th  of  the  same  month,  Mr.  Hamilton  and  Mr. 
Ellsworth  moved  "a  call  on  the  States  to  fulfil 
the  recommendation  relative  to  the  Tories."2  A 
committee  was  at  length  appointed,  consisting  of 
Mr.  Hamilton,  Mr.  Ellsworth,  Mr.  Izard  of  South 

1  Journals  of  Congress,  vol.  iv.        2  Madison    Debates,  vol.    I.  p. 
pp.  223,  224.  451. 

VOL.   I.  43 


506  LIFE  AND  TIMES   OF  MADISON. 

Carolina,  Mr.  Madison,  and  Mr.  Hawkins  of  North 
Carolina,  to  consider  and  report  to  Congress  "  what 
further  steps  are  proper  to  be  taken  by  them  for 
carrying  into  effect  the  stipulations  contained  in 
the  articles  between  the  United  States  and  Great 
Britain,  dated  the  30th  of  November  last." l 

The  several  States  in  which  confiscations  of 
the  estates  of  the  Tories  or  Loyalists  had  taken 
place,  had  strongly  remonstrated  against  any 
agreement  being  entered  into  by  the  American 
commissioners  for  the  restitution  of  those  estates ; 
and  instructions  to  the  same  effect  had  been 
given  to  the  commissioners  by  Congress.  Under 
these  circumstances,  they  did  not  venture  upon 
any  other  stipulation  in  the  provisional  articles 
than  that  Congress  would  recommend  to  the  legis 
latures  of  the  respective  States  to  provide  for 
the  restitution  of  the  confiscated  estates.  This 
stipulation  was  contained  in  the  fifth  article.  By 
the  fourth  article,  it  was  stipulated  that  creditors 
should  meet  with  no  lawful  impediment  to  the 
recovery  of  their  debts ;  and  by  the  sixth,  that 
no  future  confiscations  or  prosecutions  should  take 
place  against  any  persons,  on  account  of  the  part 
they  may  have  taken  in  the  war. 

The  committee  above  mentioned,  of  which 
Colonel  Hamilton  was  chairman,  made  a  report, 
proposing  that, —  "Whereas  Congress  are  desirous 
of  giving  speedy  and  full  effect  to  all  the  stipu 
lations  of  the  provisional  articles  on  the  part  o 

1  Journals  of  Congress,  vol.  iv.  p.  224. 


THEIR  COUNSELS   OVERRULED.  5Q7 

the  United  States,  and  of  accelerating  thereby 
the  blessings  of  peace,  in  the  confidence  that  the 
conduct  of  his  Britannic  Majesty  will  be  gov 
erned  by  a  like  disposition/'  —  the  several  States 
be  required,  and  they  are  hereby  required,  to  re 
move  all  obstructions  to  the  full  and  immediate 
execution  of  the  fourth  and  sixth  articles;  and 
that  it  be  earnestly  recommended  to  them  to 
take  into  serious  consideration  the  fifth  article, 
and  "to  conform  to  the  several  matters  therein 
contained,  with  that  spirit  of  moderation  and  lib 
erality  which  ought  ever  to  characterize  the  de 
liberations  and  measures  of  a  free  and  enlightened 
nation." 

In  the  midst  of  the  flagrant  disregard,  exhib 
ited  by  the  representatives  and  agents  of  the 
British  government,  of  the  stipulations  contained 
in  the  provisional  articles  on  their  side,  the  over- 
zealous  anxiety  manifested  in  this  report  to  hurry 
on  the  full  execution  of  the  articles  by  the  United 
States,  in  the  vain  notion  of  propitiating  the  tem 
per  of  an  obstinate  and  infatuated  monarch,  very 
naturally  revolted  the  sentiments  of  Congress. 
On  the  30th  of  May,  when  the  report  was  taken 
up  for  consideration,  a  motion  was  made  to  com 
mit  it,  which  was  carried  by  the  vote  of  every 
member  present  except  Colonel  Hamilton,  who 
stood  alone  in  opposition  to  the  motion.1 

From  this  time,  no  farther  attempt  appears  to 

1  Journals  of  Congress,  vol.  iv.  pp.  225,  226.     See  also  Secret  Jour 
nals,  vol.  in.  pp.  355-358. 


508  LIFE   AND  TIMES   OF  MADISON. 

have  been  made  in  Congress  to  press  a  prema 
ture  execution  of  the  provisional  articles  on  the 
part  of  the  United  States. 

Inexplicable  delays  still  continued  at  Paris  in 
the  negotiations  for  a  definitive  treaty ;  until,  at 
last,  —  every  proposition  to  modify  or  enlarge  the 
provisional  articles  having  terminated  in  illusion 
or  abortion,  and  the  other  powers  having  agreed 
upon  definitive  treaties  among  themselves,  and 
France  pressing  earnestly  for  some  conclusion  be 
tween  Great  Britain  and  the  United  States,  —  it 
was  agreed  to  convert  the  provisional  articles  as 
they  originally  stood,  without  the  slightest  varia 
tion,  into  a  definitive  treaty.  As  such,  they  were 
signed  and  executed  over  again,  by  the  respec 
tive  plenipotentiaries  at  Paris,  on  the  3d  day  of 
September,  1783 ;  and  on  the  same  day  the  de 
finitive  treaties  between  the  other  powers  were 
consummated,  with  like  solemnity,  at  Versailles. 

The  American  commissioners,  in  communicat 
ing  the  result  to  the  president  of  Congress,  make 
the  following  remarks:  — 

"Whether  the  British  court  meant  to  avoid  a 
definitive  treaty  with  us,  through  a  vain  hope, 
from  the  exaggerated  accounts  of  divisions  among 
our  people  and  want  of  authority  in  Congress, 
that  some  revolution  would  soon  happen  in  their 
favor,  or  whether  their  dilatory  conduct  was 
caused  by  the  strife  of  two  opposite  and  nearly 
equal  parties  in  the  cabinet,  is  hard  to  decide."1 

l  Diplomatic  Correspondence  of  the  American  Revolution,  vol.  X. 
p.  217. 


FINAL  TERMINATION   OF   THE  WAR.  509 

The  long  drama,  diplomatic  and  military,  was 
now  closed.  Sir  Guy  Carleton  received  instruc 
tions  to  evacuate  New  York  without  farther 
delay;  and  on  the  18th  of  October,  Congress 
issued  a  proclamation  finally  discharging  the 
troops  enlisted  for  the  war,  and  returning  to  the 
whole  army  "the  thanks  of  their  country  for 
their  long,  eminent,  and  faithful  services."  In 
this  parting  address,  Congress  paid  a  well  mer 
ited  tribute  to  the  civic,  as  well  as  military,  vir 
tues  of  the  defenders  of  American  freedom. 

"In  the  progress  of  an  arduous  and  difficult 
war,"  said  they,  "  the  armies  of  the  United  States 
have  eminently  displayed  every  military  and  pa 
triotic  virtue,  and  are  not  less  to  be  applauded 
for  their  fortitude  and  magnanimity  in  the  most 
trying  scenes  of  distress,  than  for  a  series  of 
heroic  and  illustrious  achievements  which  exalt 
them  to  a  high  rank  among  the  most  zealous 
and  successful  defenders  of  the  rights  and  liber 
ties  of  mankind." 

At  the  same  time,  another  proclamation  was 
issued,  appointing  a  day  of  public  thanksgiving 
in  humble  acknowledgment  of  the  interposition 
of  Divine  Providence  in  bringing  a  contest  ap 
parently  so  unequal,  and  through  so  many  perils 
and  difficulties,  to  an  issue  so  auspicious  and  glo 
rious.  In  reviewing  the  manifestations  of  divine 
goodness,  this  document  impressively  recalled 
"  that  He  hath  been  pleased  to  conduct  us  in 
safety  through  all  the  perils  and  vicissitudes  of  the 

43* 


510  LIFE   AND   TIMES   OF  MADISON. 

war ;  that  he  hath  given  us  unanimity  and  resolu 
tion  to  adhere  to  our  just  rights;  that  he  hath 
raised  up  a  powerful  ally  to  assist  us  in  supports 
ing  them,  and  crowned  our  united  efforts  with  suc 
cess  : "  and  then  looking  forward  to  the  mighty 
and  eventful  future,  it  invoked  the  same  good 
ness  "  to  give  wisdom  and  unanimity  to  our  pub 
lic  councils;  to  cement  all  our  citizens  in  the 
bonds  of  affection  ;  to  inspire  them  with  an  ear 
nest  regard  for  the  national  honor  and  interest; 
to  enable  them  to  improve  the  days  of  prosper 
ity  by  every  good  work,  and  to  be  lovers  of 
peace  and  tranquillity ;  to  bless  us  in  our  hus 
bandry,  our  commerce  and  navigation ;  to  smile 
upon  our  seminaries  and  means  of  education ;  to 
cause  pure  religion  and  virtue  to  flourish;  to 
give  peace  to  all  nations,  and  to  fill  the  world 
with  his  glory."1 

In  this  noble  manner  did  the  Congress  of  the 
United  States  celebrate  and  proclaim  the  termi 
nation  of  the  protracted  conflict  of  arms,  through 
which  the  liberty  and  independence  of  their 
country  were  at  last  achieved.  This,  too,  was  the 
closing  scene  of  Mr.  Madison's  service  in  that 
illustrious  body.  He  had  now  served  one  year 
more  than  the  triennial  term  of  rotation  which 
had  been  established  by  the  legislation  of  his 
own  State,  as  well  as  by  the  articles  of  confed 
eration;  and  while  Washington  was  on  his  way 
to  Annapolis  to  resign  into  the  hands  of  Congress 

l  See  Journals  of  Congress,  vol.  IV.  pp.  298,  299. 


MR.   MADISON   RETURNS  TO   VIRGINIA.         5H 

the  military  commission  he  had  borne  with  such 
unrivalled  virtue  arid  glory,  Madison  was  on  his 
return  to  the  State  of  their  common  nativity, 
having,  by  able  and  unwearied  services  in  coun 
cil,  sustained  the  same  cause  which  his  immortal 
countryman  crowned  with  triumph  in  the  field. 
They  were  soon  to  be  united  again  in  other  la 
bors,  not  less  important  to  the  lasting  happiness 
and  glory  of  their  country. 


CHAPTEK    XVII. 

_  r^  /v  „      /-> 

r-9>-  e-4  '  /: 


Review  of  Mr.  Madison's  Career  in  old  Congress  —  Complex  and 
diversified  Questions,  foreign  and  domestic,  before  that  Body,  during 
Period  of  his  Service  —  Distinction  acquired  by  him  —  General  Con 
fidence  and  Support  of  his  Constituents  —  A  Party  hostile  to  him  — 
His  Constancy  and  unintermitted  Attention  to  his  Public  Duties  — 
Pecuniary  Sacrifices  —  Nature  of  Provision  made  by  Virginia  for 
Support  of  her  Delegates  in  Congress  —  Mr.  Madison's  Social  Habits 
—  His  Humor  —  A  tender  Attachment  —  Enters  upon  the  Study  of 
the  Law,  after  his  Return  to  Virginia  —  Correspondence  on  public 
Questions  with  Friends  who  consulted  him  —  A  favorite  Project 
for  their  future  Lives  urged  by  Mr.  Jefferson  —  Prepares  himself 
for  the  great  Work  of  Constitutional  Reform  by  diligent  Researches 
into  the  History  of  Confederacies,  ancient  and  modern  —  Sum 
moned  again  from  his  Retirement  into  the  Legislature  of  the 
State  —  Character  of  that  Body  —  Its  Parties  —  Its  Leaders  —  Pat 
rick  Henry  —  Richard  Henry  Lee. 

THE  period  of  Mr.  Madison's  service  in  Con 
gress  presented  by  far  the  most  arduous  and 
complex  problems  of  national  policy,  internal  and 
external,  which  the  war  of  the  Revolution  gave 
rise  to.  He  came  into  the  body  just  at  the  mo 
ment  when  the  system  of  paper  credit,  by  which 
the  war  had  been  hitherto  supported,  experienced 
a  sudden  and  fatal  collapse  ;  and  when  it  became 


REVIEW  OF  MR.  MADISON'S   CAREER.         513 

imperiously  necessary  to  provide  other  financial 
resources,  at  home  or  abroad.  At  the  same  mo 
ment,  the  enemy,  despairing  of  the  success  of 
the  diplomatic  wiles  he  had  for  some  time  been 
essaying  in  vain,  recommenced  his  operations  in 
the  field  with  a  vigor  and  formidable  array  of 
force,  both  military  and  naval,  that  he  had  never 
before  displayed,  and  which  was  directed  to  the 
entire  conquest  and  permanent  occupation  of  the 
whole  of  the  Southern  States. 

New  and  most  important  relations  with  the  pow 
ers  of  Europe  were,  also,  then  inaugurated,  not 
only  by  the  alliance  with  France,  but  by  the  succes 
sive  mediations  offered  for  the  reestablishment  of 
peace;  and  especially  by  the  negotiations  with 
Spain,  who  demanded,  as  the  price  of  her  sup 
port,  the  surrender  of  the  Mississippi  and  of  the 
Western  country.  In  the  midst  of  these  exigen 
cies  of  war  and  negotiation,  jealousies  and  dis 
cords  prevailed,  to  a  great  degree,  among  the 
States  of  the  Union,  mainly  in  regard  to  their 
interests  in  the  territory  which  Spain  was  en 
deavouring  to  obtain ;  and  owing  to  those  dis 
cords,  the  articles  of  confederation,  by  which  the 
national  energies  were  to  be  firmly  united  and 
efficiently  directed,  still  remained  uncompleted. 

We  have  seen  what  an  able  and  leading  and 
successful  part  Mr.  Madison  took  in  all  these 
great  and  difficult  questions,  —  ever  loyal  to  the 
rights  and  dignity  of  his  own  State,  but  ani 
mated,  at  the  same  time,  with  a  comprehensive 


514  LIFE   AND  TIMES   OF  MADISON. 

American  spirit,  which  looked  upon  all  the  mem 
bers  of  the  confederacy  as  one  family,  bound  to 
mutual  concession  and  harmony  among  them 
selves,  but  to  inflexible  firmness  and  perseverance 
in  the  maintenance  of  the  common  dignity  and 
rights  against  the  rest  of  the  world.  It  was  this 
just  and  elevated  spirit,  combined  with  his  disci 
plined  statesmanship,  superior  knowledge,  and 
balanced  judgment  and  temper,  which  placed  him, 
yet  a  young  man,  in  the  very  first  rank  of  the 
distinguished  assembly  of  which  he  was  a  mem 
ber.  And  when  it  is  recollected  that  in  that 
assembly  he  sat  with  such  men  as  Samuel  Adams, 
Gerry,  Gorham,  Langdon,  Ellery,  Ellsworth,  Sher 
man,  and  Wolcott,  from  the  East;  John  Dickin 
son,  Witherspoon,  Clymer,  Wilson,  Peters,  McKean, 
Robert  R  Livingston,  Alexander  Hamilton,  and 
Duane,  from  the  Middle  States ;  the  Rutledges, 
Laurens,  Middleton,  Matthews,  Randolph,  Lee, 
Jones,  Mercer,  Williamson,  and  Burke,  from  the 
South  —  such  a  rank  in  such  a  body  might  well 
have  filled  the  measure  of  an  ambition  much 
greater  than  his. 

The  law  of  Virginia,  at  the  time  of  Mr.  Madi 
son's  election  to  Congress,  expressly  disqualified 
a  delegate  from  serving  more  than  three  years 
in  any  term  of  six.1  As  he  was  first  elected  in 
the  autumn  of  1779,  he  could  not,  under  this 
limitation,  have  continued  in  Congress  beyond 
the  autumn  of  1782.  But  when  the  annual 

1  Hen.  Stat.  vol.  x.  p.  74. 


KEPEATED  RE-ELECTIONS  TO   CONGRESS.     515 

election  came  on,  at  the  May  session  of  1782,  of 
delegates  to  serve  in  the  Congress  commencing 
with  the  first  Monday  of  November  following,  so 
important  was  it  felt  to  be  to  secure  the  contin 
uance  of  his  services  in  the  field  of  patriotic 
labor,  in  which  he  had  so  much  signalized  his 
usefulness  to  the  State  and  to  the  whole  coun 
try,  that  the  law  which  rendered  him  ineligible 
was  repealed,1  and  he  was  chosen  for  a  fourth 
year  of  consecutive  service  in  the  national  coun 
cils.2 

At  the  end  of  the  fourth  year,  there  remained, 
under  the  triennial  rotation  established  by  the 
articles  of  confederation,  but  which  did  not  begin 
to  operate  until  the  1st  of  March,  1781,  (the 
date  of  the  final  ratification  of  those  articles,)  a 
period  of  four  months,  from  November  to  March, 
during  which  he  was  legally  capable  of  serving. 
It  was  even  proposed  to  reelect  him  for  this  brief 
fragment  of  a  year.  But  he  felt  it  proper  to  dis 
courage  the  suggestion.3 

From  these  signal  and  most  honorable  proofs 
of  the  general  satisfaction  his  conduct  had  given 
his  constituents,  it  must  not,  however,  be  inferred 

1  Hen.  Stat.  vol.  x.  p.  164.  but  which  I  afterwards  found  to  be 
a  In  a  manuscript  letter  of  his  a  mistake,  the  vote  being  post- 
colleague,  Mr.  Joseph  Jones,  to  poned  until  the  bill  had  passed  re- 
Mr.  Madison,  of  the  25th  of  June,  pealing  the  law  which  rendered 
1782,  there  is  the  following  allusion  yourself  and  J.  J.  ineligible." 
to  the  motives  of  the  repeal  of  the  3  Madison  Debates  and  Corre- 
disqualifying  law.  "  I  mentioned  "  spondence,  vol.  i.  p.  540,  and  manu- 
(in  a  former  letter)  "  the  continu-  script  letter  of  E.  Pendleton  to  J. 
ation  of  the  old  delegates  by  a  vote,  Madison,  of  the  9th  of  June,  1 783. 


516  LIFE  AND  TIMES   OF  MADISON. 

that  there  was  absolute  unanimity  in  the  senti 
ments  they  implied.  In  the  legislature  of  Vir 
ginia  there  was  at  that  time  a  party,  though  not 
a  numerous  one,  which  manifested  an  habitual 
jealousy  and  distrust  of  the  national  authorities, 
and  all  their  leading  measures.  To  those  who 
were  actuated  by  that  feeling,  Mr.  Madison  could 
not  have  been  an  acceptable  representative;  and 
they  were  ready  enough  to  avail  themselves  of 
the  rigors  of  a  statutory  ostracism  to  displace 
him.  Mr.  Edmund  Eandolph,  in  writing  to  him 
on  the  20th  of  June,  1782,  gives  the  following 
account  of  the  abortive  attempt  then  made  to 
effect  his  exclusion,  under  the  specious  cover  of 
an  existing  legal  disqualification. 

"My  last  and  preceding  communications  which 
spoke  of  certain  manoauvres,  alluded  to  in  your 
letter  of  the  llth  instant,  mentioned,  I  believe, 
that  a  design  appeared  to  be  formed  against  the 
reelection  of  you  and  myself  to  Congress.  The 
attack  was  unexpected;  and  the  secret  sugges 
tions,  which  were  intended  to  injure,  had  had 
their  fullest  operation  before  it  came  to  the 
knowledge  of  our  friends.  But  it  may  be  tri 
umphantly  said  that  the  wicked  and  malignant 
did  not  dare  to  exclude  from  their  most  poison 
ous  reports  a  respect  for  our  characters.  You 
were  assailed  under  the  garb  of  friendship.  It 
was  lamented  that  the  rigor  of  the  law  should 
cut  off  so  valuable  a  servant  from  public  employ 
ment.  And  to  say  the  truth,  there  was  such  a 


CLOSE  ATTENTION  TO  PUBLIC  DUTIES.   517 

fervency  of  compliment  that   it  was   unpleasant 
to  distrust  its  sincerity. 

"I,  too,  was  declared  to  be  ineligible,  after  a 
preface  overflowing  with  panegyric;  and,  indeed, 
the  manifesto  of  hostility  never  could  wear  a 
milder  form.  However,  Patrick  Henry  propound 
ed  the  question  respecting  my  eligibility,  for  he 
had  been  informed  of  their  clandestine  opera 
tions.  No  man  rose  to  assert  the  negative,  ex 
cept  Richard  Henry  Lee.  He  was  fulsome  in 
commendation,  as  I  was  informed,  and  protested 
against  every  possibility  of  exception  but  from 
that  quarter.  He  had  no  other  coadjutor  than 
the  'old  squire.'1  The  Doctor"  (Arthur  Lee) 
"spoke  in  opposition  to  his  brother,  upon  pretty 
much  the  same  principle  as  that  which  actuates 
two  Eastern  delegates  when  they  divide,  namely, 
an  affectation  of  candor." 

During  this  long  and  anxious  term  of  public 
service,  Mr.  Madison  was  hardly  ever  absent  from 
his  seat  in  Congress.  While  other  members,  and 
his  own  colleagues,  were  frequently  absent,  and 
for  months  together,  it  does  not  appear  that  he 
allowed  himself  even  a  brief  visit  to  his  relatives 
in  Virginia,  with  whom  he  continued  to  keep  up 
an  affectionate  intercourse  by  letter.  In  a  com 
munication  to  his  father,  dated  the  20th  of  May, 

i  This  was  the  title  by  which    sentation  of  Westmoreland,   waa 
Richard    Lee,    the    colleague    of     ordinarily  known. 
Richard  Henry  Lee  in  the  repre- 
VOL.  i.  44 


518  LIFE   AND  TIMES   OF  MADISON. 

1782,  he  thus  expressed  his  strong  and  conscien 
tious  sense  of  representative  duty. 

"It  has  at  no  time  been  more  difficult  for  me 
to  fix  my  probable  return  to  Virginia.  At  pres 
ent  all  my  colleagues  have  left  Congress  except 
Colonel  Bland;  and  it  is  a  crisis  which  calls  for 
a  full  representation  from  every  State.  Anxious 
as  I  am  to  visit  my  friends,  as  long  as  I  sus 
tain  a  public  trust  I  shall  feel  a  principle  which 
is  superior  to  it  [the  indulgence  of  private 
wishes]. " 

Nor  was  this  the  only  sacrifice  incident  to  Mr. 
Madison's  public  service  at  this  exigent  epoch. 
The  provision  made  by  Virginia  for  the  support 
of  her  delegates  in  Congress,  though  liberal  in 
theory,  was  exceedingly  precarious,  and  some 
times,  indeed,  wholly  illusory  in  practice.  As  the 
nature  of  that  provision  furnishes  an  illustration 
of  the  manners  and  customs  of  the  time,  and 
especially  of  the  mode  of  living  and  expense 
which  then  prevailed  in  Virginia,  it  may  not  be 
without  interest  to  the  reader  to  give  some  ac 
count  of  it.  The  act  of  Assembly  on  the  subject 
declared  that  "  the  delegates  shall  be  allowed  the 
expense  for  such  part  of  their  families  as  they 
may  severally  incline  to  keep  with  them;  pro 
visions  for  necessary  servants  and  horses,  not  ex 
ceeding  three  servants  and  four  horses  for  each; 
pay  for  house-rent  and  fuel;"  and  the  farther 
sum  of  twenty  dollars  per  diem,  while  in  attend 
ance  on  Congress,  and  two  dollars  for  every  mile 


PECUNIARY   SACRIFICES.  519 

of  travel,  going  and  returning;  but  these  last 
sums  were  payable  in  paper  money,  subject  to 
the  rates  of  depreciation  of  the  day. 

After  this  provision,  apparently  so  princely,  the 
act  rather  ludicrously  proceeds :  "  In  order  that 
the  said  delegates  may  always  keep  in  mind  that 
economy  is  expected  from  them  by  their  coun 
try,  a  general  account  of  all  their  disbursements 
for  housekeeping,  as  aforesaid,  shall  be  transmit 
ted  by  them  quarterly  to  the  auditor  of  public 
accounts,  by  whom  a  warrant  is  to  be  given  on 
the  treasurer  to  pay  the  amount  out  of  the  public 
moneys  in  his  hands." l  It  often,  and  indeed  gen 
erally  happened,  that  when  the  warrant  was 
obtained  on  the  treasurer,  there  was  no  public 
money  in  his  hands  to  meet  it,  and  the  disap 
pointed  delegate  was  left  to  every  variety  ol 
shifts  and  expedients  to  raise  money  from  other 
quarters  to  defray  his  current  expenses. 

Mr.  Madison,  being  then  a  bachelor,  occasioned 
a  much  lighter  charge  to  the  treasury  of  the 
State  than  most  of  his  colleagues.  He  did  not, 
probably,  avail  himself  of  the  establishment  pro 
vided  by  law  for  the  delegates  to  a  greater  ex 
tent  than  a  single  servant,  and  one  or  two  horses 
And  yet,  upon  this  comparatively  modest  scale 
of  expense,  he  found  himself  often  much  embar 
rassed,  and  compelled  to  draw  largely  on  his  pri 
vate  resources.  In  a  letter  to  his  father  of  the 
12th  of  February,  1782,  he  thus  describes  his 
necessities :  — 

1  See  Hen.  Stat.  vol.  x.  p.  163 


520  LIFE    AND   TIMES   OF  MADISON. 

"The  disappointment  in  forwarding  the  money 
by  Mr.  Brownlow  has  been  sorely  felt  by  me; 
and  the  more  so,  as  the  legislature  has  made  no 
provision  for  the  subsistence  of  the  delegates  that 
can  be  relied  on.  I  hope  some  opportunity  will 
soon  put  it  in  your  power  to  renew  the  attempt 
to  transmit  it,  and  that  the  delay  will  have  made  a 
considerable  addition  to  it.  Besides  the  necessity 
of  this  supply  for  the  common  occasions,  I  have 
frequent  opportunities  here  of  purchasing  many 
scarce  and  necessary  books  at  a  fourth  of  the 
price  which,  if  to  be  had  at  all,  they  will  here 
after  cost  me." 

Although  the  legislature,  at  their  May  session 
in  1782,  made  a  new  and  different  provision  for 
their  delegates,  ( "  a  more  certain  and  adequate 
one,"  it  was  declared  to  be,)  by  directing  that, 
in  lieu  of  all  expenses,  they  should  receive  a 
fixed  allowance  of  eight  dollars  per  diem,  of  the 
specie  standard,  "to  be  paid  out  of  such  public 
money  as  should  thereafter  be  set  apart  and  ap 
propriated  for  that  use," l  it  does  not  appear  that 
the  new  arrangement  brought  with  it  any  sensi 
ble  relief  to  the  pecuniary  wants  of  the  delegates. 
It  was  through  his  friend  Mr.  Edmund  Randolph, 
who  resided  at  Richmond,  that  Mr.  Madison  car 
ried  on  his  intercourse  with  the  treasurer  of  the 
State  for  the  needed  but  still  unreliable  supplies. 
The  following  specimens  of  that  correspondence, 
while  painting  strongly  the  distresses  of  the  del 
egates,  impart  a  dash  of  humor  to  the  picture. 

1  See  Hen.  Stat.  vol.  xi.  pp.  31,  32. 


FINANCIAL   STRAITS   OF  THE  DELEGATES.    521 

On  the  27th  of  August,  1782,  he  says  to  his 
friend :  "  I  cannot,  in  any  way,  make  you  more 
sensible  of  the  importance  of  your  kind  remit 
tances  for  me  than  by  informing  you  that  I  have, 
for  some  time  past,  been  a  pensioner  on  the  favor 
of  Haym  Salomon,  a  Jew  broker."  And  on  the 
24th  of  September  he  writes :  "  Your  credit  with 
Mr.  Cohen,  which  procured  me  fifty  pounds,  with 
two  hundred  dollars  transmitted  by  Mr.  Ambler, 
(the  treasurer,)  have  been  of  much  service ;  but 
I  am  relapsing  fast  into  distress.  The  case  of 
my  brethren  is  equally  alarming." 

On  the  8th  of  October  he  writes  again :  "  The 
remittance  to  Colonel  Bland  is  a  source  of  hope 
to  his  brethren.  I  am  almost  ashamed  to  reii>- 
erate  my  wants  so  incessantly  to  you;  but  they 
begin  to  be  so  urgent  that  it  is  impossible  to 
suppress  them.  The  kindness  of  our  little  friend 
in  Front  Street,  near  the  Coffee-House,  is  a  fund 
which  will  preserve  me  from  extremities ;  but  I 
never  resort  to  it  without  great  mortification,  as 
he  obstinately  rejects  all  recompense.  The  price 
of  money  is  so  usurious  that  he  thinks  it  ought 
to  be  extorted  from  none  but  those  who  aim  at 
profitable  speculations.  To  a  necessitous  delegate 
he  gratuitously  spares  a  supply  out  of  his  pri 
vate  stock." 

It  was  fortunate  for  the  delegates  that  their 
public  cares  and  straitened  circumstances  found 
some  alleviation  in  social  enjoyments  among 
themselves.  Of  these  no  one  had  a  keener  relish, 

44* 


522  LIFE  AND   TIMES   OF  MADISON. 

within  the  bounds  of  lawful  indulgence,  than  Mr. 
Madison.  With  several  of  his  colleagues  from 
Virginia,  and  a  few  members  from  other  States, 
he  made  an  arrangement  which  admitted  them 
into  the  accommodations  of  a  private  household 
These  gentlemen,  with  their  families  and  the  in 
mates  of  the  house,  formed  a  cultivated  and  con 
genial  circle,  in  which  Mr.  Madison  enjoyed  a 
seasonable  and  pleasant  relaxation  from  the  occu 
pations  of  his  congressional  life. 

The  attractions  of  this  circle  were  greatly  en 
hanced  to  him,  during  the  last  winter  of  his  resi 
dence  in  Philadelphia,  by  the  presence  of  Mr. 
Jefferson,  who,  on  his  suggestion,  had  been  again 
and  unanimously  appointed  one  of  the  commis 
sioners  to  treat  of  peace,  and  was  now  at  the 
seat  of  government  to  inform  himself,  from  the 
public  archives,  of  the  condition  and  progress  of 
the  negotiations.  To  this  new  source  of  pleasure 
to  Mr.  Madison  was  added  a  yet  stronger  fascina 
tion,  in  an  attachment  to  an  interesting  and  ac 
complished  young  lady,  daughter  of  an  old  friend 
of  Mr.  Jefferson,  who  was  a  co-signer  with  him 
of  the  Declaration  of  Independence.1  This  at 
tachment,  which  promised  at  one  time  the  most 
auspicious  result,  terminated  at  last  in  disappoint^ 
ment:  We  cannot  forbear  to  add  the  following 
extract  of  a  letter  addressed  to  him  on  the  occa 
sion  by  Mr.  Jefferson,  as  connected  with  an  event 
which  is  never  without  importance  in  the  life  of 

1  General  William  Floyd,  one  of  the  delegates  of  New  York. 


HUMOROUS  VEIN   OF  MR.  MADISON.  523 

a  man  of  virtuous  sensibilities,  and  as  affording 
a  touching  proof  of  the  intimate  and  fraternal 
sympathies  which  united  the  two  friends. 

"I  sincerely  lament/'  he  said,  "the  misadven 
ture  which  has  happened,  from  whatever  cause 
it  may  have  happened.  Should  it  be  final,  how 
ever,  the  world  still  presents  the  same  and  many 
other  resources  of  happiness,  and  you  possess 
many  within  yourself.  Firmness  of  mind  and 
unintermitting  occupation  will  not  long  leave  you 
in  pain.  No  event  has  been  more  contrary  to 
my  expectations,  and  these  were  founded  on  what 
I  thought  a  good  knowledge  of  the  ground.  But 
of  all  machines,  ours  is  the  most  complicated  and 
inexplicable." l 

Among  the  qualities  which  distinguished  Mr. 
Madison  at  this  period,  and  indeed  through  his 
whole  life,  was  a  vein  of  quiet  humor,  which  re 
lieved  the  severity  of  his  public  labors,  and  lighted 
up  with  an  inexpressible  charm,  in  his  moments 
of  relaxation,  the  graver  aspects  of  his  character. 
Of  this,  an  instance  has  been  already  given  to 
the  public  in  a  joint  and  playful  letter  addressed 
by  Ellery  of  Rhode  Island  and  himself,  amid 
the  deep  gloom  and  anxiety  of  the  spring  of 
1780,  to  their  three  colleagues, —  Schuyler  of 
New  York,  Matthews  of  South  Carolina,  and  Pea 
body  of  New  Hampshire,  —  then  on  a  mission  to 
headquarters  to  concert  with  the  commander-in- 
chief  a  plan  of  operations  for  the  ensuing  cam- 

1  Manuscript  letter  of  the  31st  of  August,  1783. 


524  LIFE   AND  TIMES   OF  MADISON. 

paign.1  It  was  by  his  genial  disposition  and  social 
affinities  he  acquired  that  knowledge  of  the  char 
acteristic  peculiarities  of  the  different  sections  of 
the  confederacy,  \vhich  furnished  him  the  many 
amusing  and  illustrative  anecdotes  he  was  wont, 
in  after  life,  to  entertain  his  friends  with. 

After  the  close  of  his  congressional  service,  he 
spent  some  weeks  in  Philadelphia,  and  arrived  at 
his  father's  residence  in  Virginia  in  December, 
1783.  This  again  became  his  home;  and  here, 
at  the  age  of  thirty-two  years,  he  resumed  those 
habits  of  close  and  systematic  study  which  he 
formed  in  early  life.  His  experience  in  Congress 
had,  doubtless,  made  him  sensible  of  the  great 
value  of  legal  knowledge  to  the  statesman  ;  and 
after  an  interval  of  social  and  domestic  recrea 
tion,  which  he  had  so  well  earned  by  his  public 
labors,  he  grappled  resolutely  with  the  black-letter 
terrors  of  the  common  law.  In  a  letter  to  Mr. 
Edmund  Randolph,  of  the  10th  of  March,  1784, 
he  thus  speaks  of  his  undertaking:  — 

66  On  my  arrival  here,  which  happened  early  in 
December,  I  entered,  as  soon  as  the  necessary 
attentions  to  my  friends  admitted,  on  the  course 
of  reading  which  I  have  long  meditated.  Coke- 
Littleton,  in  consequence,  and  a  few  others  from 
the  same  shelf,  have  been  my  chief  society  dur 
ing  the  winter.  My  progress,  which,  in  so  short 
a  time,  could  not  have  been  great  under  the 

i  See  Life  of  Ellexy,  in  Sanderson's  Lives  of  the  Signers  of  Inde 
pendence. 


ENTERS  UPON  *  THE  STUDY  OF  THE  LAW.  525 

most  favorable  circumstances,  has  been  much 
retarded  by  the  want  of  some  important  books, 
and  still  more  by  some  living  oracle  for  occa 
sional  consultation." 

These  legal  studies,  though  interrupted,  from 
time  to  time,  by  the  public  duties  which  were 
soon  again  devolved  upon  him,  he  continued  to 
pursue  for  several  years,  as  we  learn  from  his 
subsequent  correspondence  with  his  friends.  In 
a  letter  to  the  Marquis  Lafayette,  of  the  20th 
of  March,  1785,  he  sportively  alludes  to  his  pur 
suits,  in  contrast  with  the  more  agreeable  occu 
pations  of  some  of  their  common  friends. 

"  I  received  a  letter,  a  few  days  ago,  from  Mr. 
Mercer,  written  in  the  bosom  of  wedlock  at  Mr 
Spriggs's ;  another  at  the  same  time  from  Mon 
roe,  who  was  well  at  New  York.  I  have  nothing 
to  say  of  myself,  but  that  I  have  exchanged 
Richmond  for  Orange,  as  you  will  have  seen  by 
the  above  date  ;  that  I  enjoy  a  satisfactory  share 
of  health ;  that  I  spend  the  chief  of  my  time  in 
reading,  and  the  chief  of  my  reading,  on  law ; 
that  I  shall  hear,  with  the  greatest  pleasure,  of 
your  being  far  better  employed ;  and  that  I  am, 
with  the  most  affectionate  esteem,  yours." 

As  late  as  the  27th  of  July,  1785,  we  find 
again  an  allusion  to  his  legal  studies,  in  a  letter 
of  that  date  to  Mr.  Randolph.  "  I  keep  up  my 
attention,"  he  says,  "as  far  as  I  can  command 
my  time,  to  the  course  of  reading  which  I  have 
of  late  pursued;  and  shall  continue  to  do  so. 


526  LIFE   AND   TIMES   OF  MADISON. 

I  am,  however,  far  from  being  determined  ever 
to  make  a  professional  use  of  it.  My  wish  is, 
if  possible,  to  provide  a  decent  and  indepen 
dent  subsistence,  without  encountering  the  diffi 
culties  I  foresee  in  that  line.  Another  of  my 
wishes  is  to  depend  as  little  as  possible  on  the 
labor  of  slaves.  The  difficulty  of  reconciling 
these  views  has  brought  into  my  mind  several 
projects." 

Mr.  Madison  never  did  make  any  professional 
use  of  his  legal  attainments;  but  on  several  oc 
casions,  in  his  public  career,  he  gave  such  proof 
of  the  depth  and  accuracy  of  those  attainments, 
even  in  the  most  abstruse  and  recondite  parts  of 
the  law,  as  to  leave  no  doubt  that,  if  he  had 
made  it  his  profession,  he  could  not  have  failed 
to  attain  the  very  highest  eminence  in  it.1 

1  A  remarkable  instance  of  the  together  with  Chancellor  Taylor ; 

accuracy   and    even    subtlety   of  and  of  the  latter,  Mr.  Philip   C. 

Mr.  Madison's  legal  knowledge,  —  Pendleton,  General  Breckenridge, 

abiding  with  him  to  a  late  period  and  General  John  G.  Jackson,  as 

of  his  life,  —  was  frequently  men-  well  as  Mr.  Jefferson  himself,  who, 

tioned  by  Mr.  Jefferson.     Both  of  it  is  known,  was  a  most  profound 

them  were  members  of  the  board  lawyer,  and   especially  versed  in 

of  commissioners  appointed  by  the  all  the  learning  of  the  law  of  real 

legislature  of  Virginia  in  1818,  to  property.     Among  the  considera- 

fix  upon  a  proper  location  for  the  tions   presented  to   influence   the 

University.     The  board  consisted  choice  of  the  commissioners,  was 

of  twenty-one  members,  including  the  offer  of  a  very  valuable  body 

some   of   the    most    distinguished  of  lands  in  the  neighbourhood  of 

judges  and  lawyers  of  the  State.  Lexington,  for  which  a  deed  was 

Of  the  former,  it  is  sufficient  to  tendered.  The  deed  passed  through 

mention  Judges  Roane  and  Cabell,  the  hands  of  the  judges  and  law- 

of  the  court  of  appeals,  and  Judges  yers  without  criticism.    When  Mr. 

Brockenbrough,    Stuart,    Holmes,  Madison  came  to  examine  it,  he 

and   Dade,  of  the  general  court,  modestly  suggested  a  quaere,  found- 


ff  OF  THE 

[(UNIVERSITY 

V.    £  .  ^     OZET 
CORRESPONDENCE   ON  PUBLIC   QUESTIONS.    527 

The  part  he  had  so  recently  acted  in  public 
affairs  of  the  greatest  national  importance,  was 
altogether  too  prominent  and  distinguished  to 
admit  of  his  devoting  either  his  time  or  his 
thoughts  wholly  to  professional  studies.  Ques 
tions  of  great  delicacy  and  difficulty  were  con 
stantly  springing  up  in  the  operations  of  our 
complex,  federative  system  ;  and  upon  these  Mr. 
Madison  was  appealed  to  as  a  sort  of  oracle,  in 
his  retirement.  Of  this  description  was  a  ques 
tion  which  had  just  arisen,  affecting  Virginia 
especially  in  her  relations  with  one  of  her  sister 
States,  and  involving  the  practical  construction 
of  the  fourth  article  of  the  confederation. 

That  article  required  of  each  State  the  surrender 
of  fugitives  from  justice, — charged  "with  treason, 
felony,  or  other  high  misdemeanour"  committed 
within  the  jurisdiction  of  another  State, — upon  the 
demand  of  the  executive  authority  of  the  latter. 
A  citizen  of  Virginia  was  charged  with  having 
committed  in  South  Carolina  a  violent  and  un 
provoked  assault  upon  a  person  who  was  a  justice 
of  the  peace,  during  the  sitting  of  the  court  of 
general  sessions ;  and  his  surrender  for  trial  was 
demanded,  under  this  provision  of  the  federal 
compact,  of  the  executive  of  Virginia  by  the  gov 
ernor  of  South  Carolina.  The  demand  was  re 
ed  upon  some  rather  recondite  doc-  the  board  to  be  fatal  to  the  validity 
trine  with  regard  to  the  limitations  of  the  deed,  and  it  was  so  repre- 
of  real  estate,  whether  the  deed  sented  to  be  in  their  report  to  the 
was  good  in  law.  The  defect  point-  legislature. 
ed  out  was  finally  recognized  by 


528  LIFE   AND  TIMES   OF  MADISON. 

ferred  to  Mr.  Edmund  Randolph,  the  attorney- 
general  of  the  State,  who  gave  a  learned  and 
elaborate  opinion  in  writing  against  the  surrender ; 
mainly  on  the  ground  that  the  vague  description 
of  the  offence,  in  the  documents  transmitted  by  the 
executive  of  South  Carolina,  did  not  necessarily 
constitute  it  a  case  of  "  high  misdemeanour."  He 
sent  a  copy  of  his  opinion  to  Mr.  Madison,  to 
elicit  his  judgment  upon  the  question. 

We  give  a  few  extracts  from  Mr.  Madison's 
answer,  dated  "Orange,  10th  of  March,  1784,"  as 
showing  the  careful  deliberation  and  enlarged 
views  with  which  these  questions  of  state  were 
habitually  revolved  by  him,  whether  in  a  private 
and  irresponsible,  or  a  public  and  official,  posi 
tion. 

"  If  I  were  to  hazard  an  opinion  after  yours,  it 
would  be  that  the  respect  due  to  the  chief  mag 
istrate  of  a  confederate  State,  enforced  as  it  is 
by  the  articles  of  confederation,  requires  an  ad 
mission  of  the  fact  as  it  has  been  represented.  If 
the  representation  be  adjudged  incomplete  or 
ambiguous,  explanations  may  certainly  be  called 
for;  and  if,  on  a  final  view  of  the  charge,  Vir 
ginia  should  hold  it  not  a  casus  fcederis,  she  will 
be  at  liberty  to  withhold  her  citizen,  (at  least 
upon  that  ground,)  as  South  Carolina  will  be  to 
appeal  to  the  tribunal  provided  for  all  contro 
versies  among  the  States." 

Then  looking  at    the    subject  from  the  broad 
and  elevated  point  of  view  from  which  he  was 


CORRESPONDENCE   ON  PUBLIC   QUESTIONS.    529 

accustomed  to  contemplate  all  such  questions,  after 
saying  that  "his  present  view  would  admit  few 
exceptions  to  the  propriety  of  surrendering  fugi 
tive  offenders,"  he  declared  it  as  his  opinion  that 
the  peculiar  and  intimate  relations  subsisting  be 
tween  the  States  of  the  American  confederacy 
will  be  found  to  require  an  extension  of  the  fed 
eral  agreement  for  the  mutual  surrender  of  fugi 
tives  to  numerous  cases  below  the  grade  of  "  high 
misdemeanour." 

"In  a  word,"  he  says,  "experience  will  show, 
if  I  mistake  not,  that  the  relative  situation  of 
the  United  States  calls  for  a  6  droit  public'  much 
more  minute  than  that  comprised  in  the  federal 
articles,  and  which  presupposes  much  greater 
mutual  confidence  and  amity  among  the  socie 
ties  that  are  to  obey  it  than  the  law  that  has 
grown  out  of  the  transactions  and  intercourse  of 
jealous  and  hostile  nations." 

His  foresight  was,  a  few  years  afterwards,  jus 
tified  and  fulfilled  in  the  provisions  of  the  new 
constitution,  which,  after  the  specification  of 
"  treason  "  and  "  felony,"  as  in  the  articles  of  con 
federation,  added  the  general  denomination  of 
"  other  crime  "  instead  of  "  high  misdemeanour," 
and  extended  the  principle  of  extradition  to  a 
class  of  civil  fugitives,  for  which  some  provision 
was  rendered  indispensably  necessary  by  the  va 
rying  domestic  institutions  of  the  different  States. 

Among  those  who  were  in  most  intimate  com 
munication  with  Mr.  Madison  at  this  time,  and 

VOL.  i.  45 


530  LIFE  AND  TIMES   OF  MADISON. 

who    most  frequently    and    largely   interchanged 
views  with  him  on  the  doubtful  questions  arising 
in  the    operations    of  the    government,  was    Mr. 
Jefferson,  now  a  successor,  as  he   had  been   the 
predecessor,  of  Mr.  Madison  in  the  national  coun 
cils.      From   his    correspondence    with    Mr.    Mad 
ison,  we    learn    the    difficulties    and   delays    that 
attended    the  ratification  of  the  definitive   treaty 
of   peace  by  Congress,  owing   to  the  non-attend 
ance  of  the  requisite  number  of  States.     By  some 
members  it  was  contended  that  seven  States  were 
sufficient  for  the   ratification.     Mr.  Jefferson  and 
a  majority  of  the  members  insisted  that,  without 
the  assent  of  nine  States,  the   act  would  be  in 
valid.     The    attendance    of  nine   States  was    not 
obtained  until  the  14th  of  January,  1784,  when 
the    ratification    was    immediately    consummated, 
but   not  in   time,  it  was  apprehended,  to  be  ex 
changed  in  Europe  within  the   six  months  fixed 
by  the  treaty  itself. 

During  the  anxious  suspense  of  these  ques 
tions,  and  for  the  whole  period,  indeed,  that  Mr. 
Jefferson  was  with  Congress  at  Annapolis,  he  was 
in  almost  constant  correspondence  with  Mr.  Mad 
ison,  and  freely  sought  his  opinions  and  reflec 
tions  on  the  political  complications  which  were 
then  so  frequently  occurring.  To  these  calls, 
Mr.  Madison,  from  his  retirement,  responded  with 
promptitude  and  fulness.  Gratifying  as  it  is  to 
remark  the  general  accordance  in  the  conclusions 
their  minds  had  severally  attained  on  these  sub- 


INTERCOURSE  WITH  MR.  JEFFERSON.         531 

jects,  it  is  yet  more  so  to  observe  the  tone  of 
affectionate  frankness  and  cordiality  which  pre 
vailed  in  their  communications.  After  disposing 
of  the  various  and  thorny  public  questions  with 
which  their  correspondence  had  been  chiefly  oc 
cupied,  Mr.  Jefferson,  in  the  close  of  a  long  letter 
of  the  20th  of  February,  1784,  devoted  mainly 
to  the  discussion  of  some  of  those  questions, 
fondly  reverts  to  a  scheme  of  personal  friendship 
and  happiness  he  had  formed  for  their  future 
intercourse. 

"I  hope,"  he  says,  "you  have  found  access  to 
my  library.  I  beg  you  to  make  free  use  of  it. 
The  steward  is  living  there  now,  and  of  course 
will  always  be  in  the  way.  Monroe  is  buying 
land  almost  adjoining  me.  Short  will  do  the 
same.  What  would  I  not  give  could  you  fall 
into  the  circle.  With  such  a  society,  I  could 
once  more  venture  home,  and  lay  myself  up  for 
the  residue  of  life,  —  quitting  all  its  contentions, 
which  grow  daily  more  and  more  insupportable. 

"Think  of  it.  To  render  it  practicable,  only 
requires  you  to  think  it  so.  Life  is  of  no  value 
but  as  it  brings  us  gratifications.  Among  the 
most  valuable  of  these  is  rational  society.  It  in 
forms  the  mind,  sweetens  the  temper,  cheers  our 
spirits,  and  promotes  health.  There  is  a  little  farm 
of  one  hundred  and  forty  acres  adjoining  me,  and 
within  two  miles,  all  of  good  land,  though  old, 
with  a  small,  indifferent  house  on  it,  —  the  whole 
worth  not  more  than  £250.  Such  an  one  might 


532  LIFE   AND   TIMES   OF  MADISON. 

be  a  farm  of  experiment,  and  support  a  little 
table  and  household.  It  is  on  the  road  to  Orange, 
and  so  much  nearer  than  I  am.  It  is  convenient 
enough  for  supplementary  supplies  from  thence. 
Once  more,  think  of  it,  and  adieu." 

Mr.  Madison's  answer  to  this  letter  was  dated 
the  16th  of  March,  1784.  Having  first  reviewed, 
elaborately  and  exhaustively,  the  several  public 
questions  presented  for  his  opinion,  he  responded 
as  follows  to  the  friendly  personal  wishes  con 
tained  in  Mr.  Jefferson's  letter:  — 

"I  know  not,  my  dear  sir,  what  to  reply  to 
the  affectionate  invitation  which  closes  your  let 
ter.  I  subscribe  to  the  justness  of  your  general 
reflections.  I  feel  the  attractions  of  the  partic 
ular  situation  you  point  out  to  me.  I  cannot 
altogether  renounce  the  prospect.  Still  less  can 
I  as  yet  embrace  it.  It  is  far  from  being  im 
probable  that  a  few  years  may  prepare  me  for 
giving  such  a  destiny  to  my  future  life ;  in  which 
case  the  same,  or  some  equally  convenient  spot, 
may  be  commanded  by  a  little  augmentation  of 
price.  But  wherever  my  final  lot  may  fix  me, 
be  assured  that  I  shall  ever  remain,  with  the 
sincerest  affection  and  esteem,  your  friend  and 
servant." 

The  ingenuous  reader  cannot  but  sympathize 
in  the  effusions  of  mutual  confidence  and  affec 
tion,  and  the  yearnings  for  each  other's  society, 
by  which  these  great  men,  amid  their  public 
cares,  were  thus  early  drawn  together.  Although 


POLITICAL  AND  LITERARY   STUDIES.          533 

Mr.  Madison  never  acquired  the  little  Saline  farm 
that  was  set  before  him  in  all  the  charms  of 
Catonian  simplicity,  yet,  as  his  paternal  residence 
in  the  county  of  Orange,  where  he  always  lived, 
was  within  thirty  miles  of  Monticello,  and  Mr. 
Monroe  for  many  years  resided  with  his  family 
on  the  land  which  he  had  bought  in  the  imme 
diate  neighborhood  of  the  latter  place,  few  day 
dreams  of  human  felicity  have  ever  been  more 
nearly  fulfilled  than  that  which  Mr.  Jefferson  in 
dulged  for  himself  and  his  friends. 

1  In  this  same  letter,  Mr.  Madison  gave  Mr.  Jeffer 
son  a  commission  to  purchase  books  for  him,  from 
which  it  will  be  seen  what  was  the  paramount 
object  of  patriotic  anxiety  and  reflection  that 
then,  and  for  several  years  to  come,  occupied  his 
thoughts. 

"I  must  leave  to  your  discretion,"  he  said, 
"the  occasional  purchase  of  rare  and  valuable 
books,  disregarding  the  risk  of  duplicates.  You 
know  tolerably  well  the  objects  of  my  curiosity. 
I  will  only  particularize  my  wish  of  whatever 
may  throw  light  on  the  general  constitution  and 
droit  public  of  the  several  confederacies  which 
have  existed.  I  observe  in  Boiraud's  catalogue 
several  pieces  on  the  Dutch,  the  German,  and 
the  Helvetic.  The  operations  of  our  own  must 
render  all  such  lights  of  consequence.  Books  on 
the  law  of  nature  and  nations  fall  within  the 
same  remark." 

In  another  letter,  addressed  to  Mr.  Jefferson  a 

45* 


534  LIFE   AND   TIMES   OF  MADISON. 

year  later,  (27th  of  April,  1785,)  when  he  was 
minister  in  Europe,  Mr.  Madison  enlarged  his 
commission  for  the  purchase  of  books ;  but  the 
great  American  question  —  the  right  organiza 
tion  of  a  confederate  republic  —  was  still,  it  will 
be  seen,  uppermost  in  his  thoughts  and  studies. 

"  I  thank  you  much,"  he  says,  "  for  your  atten 
tion  to  my  literary  wants.  All  the  purchases 
you  have  made  for  me  are  such  as  I  should 
have  made  for  myself  with  the  same  opportu 
nities.  You  will  oblige  me  by  adding  to  them 
the  Dictionary,  in  13  vols.  4to.,  by  Felice  and 
others;1  also  De  Thou,  in  French.  If  the  util 
ity  of  Moreri  be  not  superseded  by  some  later 
work,  I  should  be  glad  to  have  him  too.  I 
am  afraid,  if  I  were  to  attempt  a  catalogue  of 
my  wants,  I  should  not  only  trouble  you  beyond 
measure,  but  exceed  the  limits  which  other  con 
siderations  ought  to  prescribe  to  me.  I  cannot, 
however,  abridge  the  commission  you  were  so 
kind  as  to  take  on  yourself  in  a  former  letter, 
of  procuring  for  me,  from  time  to  time,  such 
books  as  may  be  '  either  old  and  curious,  or  new 
and  useful.'  Under  this  description  will  fall  those 
particularized  in  my  former  letters,  to  wit,  trea 
tises  on  the  ancient  or  modern  federal  republics, 
on  the  law  of  nations,  and  the  history,  natural 
and  political,  of  the  New  World  ;  to  which  I  will 
add  such  of  the  Greek  and  Roman  authors  (where 

1  Dictionary  of  Law,  National,  Civil,  and  Political,—  otherwise  called 
Code  de  VHumanite. 


AGAIN  ELECTED  TO   STATE   LEGISLATURE.     535 

they  can  be  got  very  cheap)  as  are  worth  having, 
and  are  not  on  the  common  list  of  school  clas 
sics,"  &c.  &c.  &c.  &c. 

While  Mr.  Madison  was  laying  this  broad  foun 
dation  of  liberal  and  comprehensive  studies  to 
perfect  the  rare  statesmanship,  of  which  the  first 
fruits  had  already  been  given  to  his  country,  he 
was  summoned  from  his  brief  retirement  to  en 
gage  again  in  the  active  service  of  the  State.  At 
the  annual  election  of  members  of  the  legislature 
in  the  month  of  April,  1784,  he  was  called  forth 
by  the  people  of  his  native  county  to  represent 
them  in  the  House  of  Delegates.  It  was  now 
eight  years  since  he  had  been  a  member  of  that 
body ;  and  the  theatre  of  action  there  presented 
was  altogether  unlike  that  on  which,  for  the  last 
four  years,  he  had  been  arduously  employed. 

Not  only  were  the  questions  to  be  acted  on,  for 
the  most  part,  of  a  different  character,  —  though 
sometimes  necessarily  and  closely  connected  with 
those  of  the  national  forum, —  but  the  manner  of 
treating  them,  and  the  agencies  by  which  their 
decision  was  controlled,  were  strikingly  contrasted. 
The  more  numerous  composition  of  the  House  of 
Delegates  of  Virginia,  as  well  as  the  temperament 
of  the  people,  gave  far  greater  scope  for  the 
arts  of  oratory ;  and  this  again  secured  a  very 
decided  lead  to  a  few  individuals,  who,  to  the 
reputation  of  patriotism  and  long  familiarity  with 
public  affairs,  superadded  the  seductive  power  of 
eloquence. 


536  LIFE  AND  TIMES   OF  MADISON. 

It  so  happened  that  the  official  service  of  Mr. 
Henry  in  the  executive  department  of  the  State, 
and  that  of  Mr.  Richard  Henry  Lee  in  the  Con 
tinental  Congress,  expired  in  the  same  year,  1779. 
Both  of  them  were  immediately  afterwards  chosen, 
by  their  respective  counties,  members  of  the  pop 
ular  branch  of  the  legislature,  in  which,  with  very 
brief  intervals,  they  had  continued  to  serve  ever 
since.  Whether  it  was  the  emulation  of  oratory, 
or  the  effect  of  different  original  tendencies  in 
their  political  principles  and  sympathies,  they 
soon  became  rival  and  antagonist  leaders  in  the 
House  of  Delegates,  and  were  habitually  arrayed 
against  each  other  on  almost  all  questions  of 
public  policy. 

On  those  which  related  more  particularly  to 
the  internal  policy  of  the  State,  while  Mr. 
Henry  on  several  occasions  favored  paper  money, 
tender  laws,  stay  laws,  the  postponement  or  re 
mission  of  taxes,  and  a  very  indulgent,  if  not 
lax,  system  with  regard  to  the  enforcement  of 
both  public  and  private  engagements  and  in  the 
administration  of  justice  generally,  Mr.  Lee  was 
the  declared  and  inflexible  opponent  of  all  these 
measures.  Contrary  to  what  might  have  been 
expected  from  the  natural  tendency  of  the  re 
spective  systems  pursued  by  them  in  State  pol 
itics,  Mr.  Henry,  down  to  the  period  of  which 
we  are  now  speaking,  had  shown  himself  much 
more  disposed  to  sustain  and  strengthen  the  fed 
eral  authority  than  Mr.  Lee,  who  had  manifested 


PATRICK  HENRY  AND  R.   H.  LEE.  537 

a  spirit  of  opposition  to  Congress  and  all  its 
most  prominent  acts,  ever  since  he  left  that  body. 
Thus  they  became,  for  the  time,  the  living  and 
active  exponents  of  two  adverse  political  systems 
in  both  state  and  national  questions.  Opposing 
champions, — the  rival  pretensions  of  oratory  made 
them,  in  some  sort,  the  gladiators  of  the  Assem 
bly  ;  and  from  the  homage  paid  to  their  age  and 
longer  service,  as  well  as  from  the  power  and 
attractions  of  their  eloquence,  the  privileged  role 
of  leaders  was,  by  general  consent,  accorded  to 
them. 

They  were  both  members  of  the  House  of  Del 
egates,  with  all  the  eclat  and  influence  of  their 
traditional  leadership,  when  Mr.  Madison  returned 
to  it  in  1784.  At  the  same  time  were  members, 
John  Marshall,  future  chief  justice  of  the  United 
States,  Spencer  Roane,  future  president  of  the 
court  of  appeals  of  Virginia,  Henry  Tazewell, 
William  Grayson,  John  Taylor,  and  Wilson  Cary 
Nicholas,  future  senators  of  the  United  States, 
John  Breckenridge,  future  attorney-general  of  the 
United  States,  Joseph  Jones,  late  colleague  of  Mr. 
Madison  in  Congress,  and  Braxton,  Tyler,  Stuart, 
Eonald,  Thruston,  Corbin,  and  Page,  all  men  of 
unquestioned  ability.  But,  for  the  most  part, 
they  were  younger  statesmen  ;  and  deferring  to 
the  claims  of  the  great  popular  and  parliamen 
tary  leaders,  they  willingly  stood  aside  when  these 
veteran  champions,  with  their  burnished  armour, 
entered  the  arena. 


538  LIFE   AND  TIMES   OF  MADISON. 


NOTE. 

THE  intimate  relations  of  Mr.  Lee  and  Mr.  Henry,  previous  to 
their  return  to  the  legislature  in  1779-1780,  and  their  subsequent  cordial 
union  in  opposition  to  the  federal  constitution  of  1 788,  have  led  some 
writers  into  the  error  of  supposing  that  they  had  generally  harmonized 
in  their  political  views,  and  cooperated  on  all  the  great  public  questions 
of  their  time.  (See  Grigsby's  Discourse,  p.  145,  and  Life  of  II.  H.  Lee, 
vol.  i.  pp.  45,  46.)  The  representation  in  the  text  is,  however,  abun 
dantly  sustained  by  the  contemporaneous  correspondence  on  Mr.  Mad 
ison's  files,  as  well  as  by  other  unquestionable  testimony. 

Mr.  Jones,  in  a  letter  to  Mr.  Madison  of  the  24th  of  November, 
1780,  says:  — 

"  We  have  had  a  warm  debate  in  the  House  upon  a  bill  to  explain 
and  amend  the  act  of  the  last  session  for  funding  the  new  bills  of  credit 
of  Congress  under  the  scheme  of  the  18th  of  March.  The  question 
agitated,  whether  those  bills,  as  well  as  the  two  millions  of  State  money 
issued  last  session,  should  be  a  tender  in  payment  of  debts ;  and  de 
termined  that  they  should  be  a  legal  tender.  Henry  for  the  question, 
Richard  Henry  Lee  against  it ;  and  both,  aided  by  their  auxiliaries, 
took  up  two  days  or  nearly  in  discussing  the  question.  Indeed,  we 
lose  a  great  deal  of  time  in  idle,  unnecessary  debate." 

In  another  letter  to  Mr.  Madison,  dated  the  31st  of  May,  1783,  he 
says :  — 

"  Since  my  last,  the  bill  for  postponing  to  20th  of  November  next 
the  making  distress  for  the  taxes  has  passed  the  House  of  Delegates  by 
a  majority  of  13,  and  was,  the  day  before  yesterday,  assented  to  by  the 
Senate.  Hurtful  and  dangerous  as  this  step  will,  I  fear,  prove,  it  was 
warmly  espoused  by  Mr.  Henry,  opposed  by  his  antagonist,  and  every 
effort  made  to  fix  the  day  to  an  earlier  period,  but  in  vain." 

Mr.  Edmund  Randolph,  in  writing  to  Mr.  Madison  on  the  1  st  of 
June,  1782,  says  (speaking  of  Mr.  Jefferson)  :— 

"  His  triumph  might  certainly  be  an  illustrious  one  over  his  former 
enemies,  were  he  to  resume  the  legislative  character;  for  in  the  con- 
slant  division  between  the  two  leaders,  Henry  and  Lee,  he  might  in 
cline  the  scale  to  whichever  side  he  would." 

^  To  these  extracts,  taken  somewhat  at  random  from  Mr.  Madison's 
files,  may  be  added  the  testimony  of  another  distinguished  contempo 
rary  witness.  Judge  Roane,  who  afterwards  married  a  daughter  of 
Mr.  Henry,  was,  as  we  have  seen,  a  member  of  the  House  of  Delegates 


RIVALRY   OF  THE   TWO  LEADERS.  539 

with  him  and  Mr.  Lee  in  1783  and  1784.     In  a  letter  addressed  to 

Mr.  Wirt,  (see  Life  of  Henry,  p.  249,)  he  says: 

"  I  met  with  Patrick  Henry  in  the  Assembly  of  May,  1 783.  I  also 
there  met  with  Richard  Henry  Lee.  I  lodged  with  Mr.  Lee  one  or  two 
sessions,  and  was  perfectly  acquainted  with  him,  while  I  was  yet  a  stran 
ger  to  Mr.  Henry.  These  two  gentlemen  were  the  great  leaders  in  the 
House  of  Delegates,  and  were  almost  constantly  opposed.  There  were 
many  other  great  men  who  belonged  to  that  body ;  but,  as  orators,  they 
cannot  be  named  with  Henry  and  Lee." 


CHAPTER    XVIII. 

Motives  of  Madison  for  returning  to  the  State  Legislature  —  Made 
Chairman  of  Committee  on  Commerce — Measures  for  promot 
ing  Commerce  of  the  State — Concentration  to  particular  Ports 

Mr.  Madison   proposes  Arrangement  with  Maryland  respecting 

Jurisdiction  and  Navigation  of  the  Potomac  —  Resolution  moved 
by  him  for  Appointment  of  Joint  Commissioners  of  the  two  States, 
remote  Cause  of  the  Federal  Convention  —  He  introduces  prepar 
atory  Measures  for  entering  upon  the  Revision  of  the  Laws  — 
Sustains  a  Proposition  for  Revision  of  State  Constitution  —  His 
Views  on  that  Question  —  Proceedings  of  the  Legislature  upon 
the  Subject  —  Measures  affecting  Religious  Freedom  —  Assessment 
proposed,  but  not  acted  on  —  Question  of  Incorporation  of  Re 
ligious  Societies  —  Mr.  Madison  opposed  to  both  —  Questions  of 
Federal  Policy  — Mr.  Henry  favors  Invigoration  of  Federal  Au 
thority,  with  coercive  Power  in  Congress  —  Resolution  passed  for 
vesting  in  Congress  Power  to  prohibit  Trade  with  Nations  refus 
ing  Reciprocity  —  Execution  of  Treaty  of  Peace  with  regard  to 
British  Debts  —  Opposed  by  Mr.  Henry  —  Proposition  of  Mr. 
Madison  on  the  Subject— Honors  to  Washington  —  Mr.  Madison 
takes  a  leading  part  in  them  —  His  eloquent  Inscription  for  the 
Statue  —  General  Washington  and  Mr.  Madison  exert  themselves 
to  obtain  a  Grant  to  Paine  for  his  Revolutionary  Services  —  Sub 
sequent  Ingratitude  of  Paine. 

MR.  MADISON  came  into  the  legislature  with  no 
ambition  of  leadership.     Animated  with  a  sincere 


SERVICE  IN  STATE  LEGISLATURE.  541 

and  unaffected  respect  for  the  abilities  and  ser 
vices  of  his  seniors,  his  sole  desire  was  to  con 
ciliate  their  support,  as  well  as  to  enlist  the 
cooperation  of  his  younger  and  able  associates,  in 
favor  of  those  objects  of  public  interest  which 
his  reflections  and  experience  had  led  him  to 
consider  of  the  highest  importance  to  the  welfare 
both  of  the  State  and  of  the  Confederacy.  He 
has  himself  given  to  the  world  an  impressive 
account  of  the  considerations  which  induced  him 
to  yield  to  the  renewed  call  of  his  fellow-citizens 
for  his  services  in  the  legislature. 

"Having  served,"  he  says,  "as  a  member  of 
Congress  through  the  period  between  March, 
1780,  and  the  arrival  of  peace  in  1783,  I  had 
become  intimately  acquainted  with  the  public 
distresses  and  the  causes  of  them.  I  had  ob 
served  the  successful  opposition  to  every  attempt 
to  procure  a  remedy  by  new  grants  of  power  to 
Congress.  I  had  found,  moreover,  that  despair 
of  success  hung  over  the  compromising  principle 
of  1783  for  the  public  necessities,  which  had  been 
so  elaborately  planned  and  so  impressively  rec 
ommended  to  the  States. 

"Sympathizing,  under  this  aspect  of  affairs,  in 
the  alarm  of  the  friends  of  free  government,  at 
the  threatened  danger  of  an  abortive  result  to 
the  great,  and  perhaps  last,  experiment  in  its 
favor,  I  could  not  be  insensible  to  the  obligation 
to  aid,  as  far  as  I  could,  in  averting  the  calam 
ity.  With  this  view,  I  acceded  to  the  desire  of 

VOL.   I.  46 


542  LIFE  AND   TIMES   OF  MADISON. 

my  fellow-citizens  of  the  county  that  I  should  be 
one  of  its  representatives  in  the  legislature ; 
hoping  that  I  might  there  best  contribute  to  in 
culcate  the  critical  posture  to  which  the  revolu 
tionary  cause  was  reduced,  and  the  merit  of  a 
leading  agency  of  the  State  in  bringing  about 
a  rescue  of  the  Union  and  the  blessings  of 
liberty  staked  on  it  from  an  impending  catas 
trophe."  1 

Never  losing  sight  of  this,  the  great  and  para 
mount  object  of  his  legislative  mission,  he  devoted 
himself,  with  diligence  and  faithfulness,  to  every 
question  which  concerned  the  peculiar  and  do 
mestic  interests  of  Virginia.  He  was  an  active 
member  of  all  the  leading  committees,  and  chair 
man  of  the  committee  on  commerce.  The  duty 
of  this  last  committee  was  defined  to  be,  "  to 
take  into  consideration  all  matters  and  things 
relating  to  the  trade,  manufactures,  and  commerce 
of  the  Commonwealth,  to  report  their  proceed 
ings  thereupon  to  the  House,  and  to  recommend 
such  improvements  as,  in  their  judgment,  may  be 
made  therein." 

Mr.  Madison  had  given  much  consideration,  as 
his  correspondence  attests,  even  during  the  period 
of  his  service  in  Congress,  to  the  commercial 
condition  and  interests  of  Virginia.  In  a  letter 
of  the  10th  of  December,  1783,  written  immedi 
ately  after  his  arrival  at  home,  he  makes  the 
following  remarks  on  the  subject. 

l  See  Madison  Debates  and  Correspondence,  vol.  n.  pp.  693,  694. 


COMMERCIAL  CONDITION  OF  VIRGINIA.       543 

"The  situation  of  the  commerce  of  this  coun 
try,  as  far  as  I  can  learn,  is  even  more  deplorable 
than  I  had  conceived.  It  cannot  pay  less  to 
Philadelphia  and  Baltimore,  if  one  may  judge 
from  a  comparison  of  prices  here  and  in  Europe, 
than  thirty  or  forty  per  cent,  on  all  the  exports 
and  imports,  —  a  tribute  which,  if  paid  into  the 
treasury  of  the  State,  would  yield  a  surplus  above 
all  its  wants.  If  the  Assembly  should  take  any 
steps  towards  its  emancipation,  you  will,  no  doubt, 
be  apprised  of  them,  as  well  as  of  their  other 
proceedings  from  Richmond." 

The  natural  and  most  effectual  remedy  for  this 
state  of  things,  in  the  opinion  of  Mr.  Madison, 
was  to  concentrate  the  trade  of  Virginia  at  one 
or  two  of  her  ports,  and  thus  to  establish,  within 
her  own  limits,  commercial  marts  where  her  ex 
ports  and  imports  would  be  collected  in  mass, 
and  afterwards  distributed  to  the  ultimate  con 
sumer.  This  regulation  was  recommended  by  the 
farther  consideration  of  breaking  up  the  oppres 
sive  monopoly  under  which  the  trade  of  Virginia 
was  conducted  by  British  merchants  and  their 
factors,  who,  profiting  of  their  ancient  connec 
tions  in  the  country,  carried  their  supplies  up  its 
numerous  rivers,  and  entering  into  direct  and 
isolated  negotiations  with  the  planters,  and  en 
ticing  them  by  the  pernicious  lure  of  long  credits, 
controlled  at  will,  and  for  their  own  advantage, 
the  prices  both  of  what  they  sold  and  what  they 
bought.  By  restricting  them  to  designated  and 


544  LIFE  AND  TIMES   OF  MADISON. 

public  marts,  where  they  would  be  brought  into 
free  and  equal  competition  with  the  rest  of  the 
world,  resorting  to  a  common  market  of  purchase 
and  sale,  it  was  thought  that  the  system  which, 
on  the  return  of  peace,  still  continued  to  enslave 
Virginia  to  the  cupidity  of  the  British  trader, 
would  receive  an  important  check. 

An  act  for  "restraining  foreign  vessels  to  cer 
tain  ports  within  the  Commonwealth," 1  was  finally 
passed  in  pursuance  of  these  views,  but  not  with 
out  encountering  strenuous  opposition.  Mr.  Mad 
ison,  writing  to  Mr.  Jefferson,  then  at  Paris,  on 
the  3d  of  July,  1784,  immediately  after  the  ad 
journment  of  the  legislature,  and  giving  him  an 
account  of  its  proceedings,  says :  — 

"We  made  a  warm  struggle  for  the  establish 
ment  of  Norfolk  and  Alexandria  as  our  only 
ports,  but  were  obliged  to  add  York,  Tappahan- 
nock,  and  Bermuda  Hundred  in  order  to  gain 
anything,  and  to  restrain  to  these  ports  foreign 
ers  only." 

Here,  perhaps,  is  the  true  explanation  of  the 
causes  which  have  contributed  to  frustrate,  and 
may,  for  an  indefinite  time,  yet  frustrate  the 
establishment  of  a  great  mart  of  foreign  com 
merce  in  Virginia.  It  is,  apparently,  the  su 
perabundance  of  her  natural  advantages,  the 
number  and  consequent  competition  of  her  fine 
rivers  and  harbors,  which  prevent  that  cen 
tralization  of  trade  and  capital,  indispensable 

,1  Hen.  Stat.  vol.  xi.  pp.  402-404. 


REMEDIES  PROPOSED  BY  MR.  MADISON.       545 

to  constitute  a  great  emporium.  How  different, 
in  this  respect,  is  the  situation  of  the  leading  com 
mercial  State  of  the  Union.  Nature,  by  giving 
her  but  a  single  great  river,  and  but  a  single 
maritime  port,  where  that  river  meets  the  ocean, 
has,  by  a  fiat  far  more  powerful  than  legislative 
decrees,  converged  all  her  resources  and  connec 
tions  of  trade,  embracing  the  larger  portion  of 
the  Union,  to  one  grand,  absorbing  centre.  If  it 
shall  be  found  that  the  multiplied  bounties  of 
nature  have  made  diffusion,  and  not  concentration, 
the  commercial  lot  of  Virginia,  it  is  a  condition 
of  things  not  without  important  compensations 
in  the  more  equal  distribution  of  local  benefits, 
while  its  disadvantages,  in  a  general  view,  are 
now  much  lessened  by  the  rapid  and  cheap  in 
tercommunications  which  exist  among  all  the 
seats  of  trade  and  industry  within  the  Union. 

The  following  extract  of  a  letter  addressed  by 
Mr.  Madison  to  Mr.  Jefferson,  on  the  20th  of 
August,  1784,  presents  so  striking  a  view  of  the 
obstacles  opposed  to  the  policy  of  concentration 
on  the  one  hand,  and  of  the  arguments  which 
recommended  it  on  the  other,  that  it  seems  es 
sential  to  a  proper  comprehension  of  this  portion 
of  the  legislative  and  commercial  history  of  the 
country  to  lay  it  before  the  reader. 

"The  act  which  produces  most  agitation  and 
discussion  is  that  which  restrains  foreign  trade 
to  enumerated  ports.  Those  who  meditate  a  re 
vival  of  it  on  the  old  plan  of  British  monopoly 

46* 


546  LIFE  AND   TIMES   OF  MADISON. 

and  diffusive  credit,  or  whose  mercantile  arrange 
ments   might  be  disturbed  by  the   innovation,— 
with   those  whose   local   situations   give   them,  or 
are  thought  to  give  them,  an  advantage  in  large 
vessels  coming  up  the   rivers  to  their  usual  sta 
tions, —  are  busy  in  decoying  the   people   into  a 
belief  that  trade  ought,  in  all  cases,  to  be  left  to 
regulate    itself;   that    to   confine   it   to    particular 
ports  is  to  renounce  the  boon  with  which  nature 
has  favored  our  country;  and  that  if  one  set  of 
men  are  to  be  importers  and  exporters,  another 
set  to  be  carriers  between  the  mouths  and  heads 
of  the   rivers,  and  a   third  retailers,  trade,  as  it 
must  pass  through  so  many  hands,  all  taking  a 
profit,  must  in  the  end  come  dearer  to  the  peo 
ple  than  if  the  simple  plan  should  be  continued 
which  unites  these  branches  in  the  same  hands. 
"These   and  other  objections,  though  unsound, 
are  not  altogether  unplausible;  and  being  propa 
gated  with   more    zeal  and   pains  by  those  who 
have  an  interest  to  serve,  than   proper  answers 
are  given  by  those  who   regard  the   general  in 
terest  only,  make  it  very  possible  that  the  meas 
ure  may  be  rescinded  before  it  is  to  take  eifect. 
Should  it  escape  such  a  fate,  it  will  be  owing  to 
a  few  striking  and  undeniable  facts ;  namely,  that 
goods    are     much    dearer    in    Virginia    than     in 
the    States  where    trade    is  drawn   to  a   general 
mart ;  that  even  goods  brought  from  Philadelphia 
and  Baltimore  to  Winchester,  and  other  western 
and   southwestern  parts  of  Virginia,  are  retailed 


REMEDIES  PROPOSED  BY  MR.  MADISON.      547 

cheaper  than  those  imported  directly  from  Europe 
are  sold  on  tide  water ;  that,  generous  as  the 
present  price  of  our  tobacco  appears,  the  same 
article  has  currently  sold  fifteen  or  twenty  per 
cent.,  at  least,  higher  in  Philadelphia,  where, 
being  as  far  from  the  ultimate  market,  it  cannot 
be  intrinsically  worth  more  ;  that  scarce  a  single 
vessel  from  any  part  of  Europe,  other  than  the 
British  dominions,  comes  into  our  ports,  whilst 
vessels  from  so  many  other  parts  of  Europe  re 
sort  to  other  parts  of  America,  —  almost  all  of 
them,  too,  in  pursuit  of  the  staple  of  Virginia." 

As  Mr.  Madison  anticipated,  efforts  were  made 
to  repeal  this  act  at  the  session  of  1785-1786, 
and  again  at  that  of  1786-1787.  Those  efforts 
were  defeated  by  the  firmness  and  perseverance 
of  its  original  friends,  who  were  not  able,  how 
ever,  to  prevent  successive  additions  to  the  list 
of  enumerated  ports.  Such  was  the  power  of 
local  considerations,  combined  with  the  interested 
views  of  a  foreign  mercantile  monopoly,  in  oppo 
sition  to  the  plans  of  a  far-seeing  and  statesman 
like  policy.1 

1  The  interest  and  importance  Boston  are  spreading  to  New  York 

of  the  subject  induce  us  to  sub-  and  Philadelphia.  Whether  they 

join  yet  another  extract  from  Mr.  will  reach  Virginia  or  not,  I  am 

Madison's  correspondence  of  this  unable  to  say.  If  they  should, 

period,  taken  from  a  letter  ad-  they  must  proceed  from  a  different 

dressed  by  him  to  Mr.  Monroe,  interest,  —  from  that  of  the  plant- 

(then  a  member  of  the  Continental  ers,  not  that  of  the  merchants. 

Congress,)  on  the  21st  of  June,  The  present  system  here  is  as  fa- 

1785.  vorable  to  the  latter,  as  it  is  ruin- 

"  I  observe  in  a  late  newspaper  ous  to  the  former.  Our  trade  was 

that  the  commercial  discontents  of  never  more  completely  monopo- 


548 


LIFE   AND  TIMES   OF  MADISON. 


Another  object,  intimately  connected  with  the 
commercial  interests  of  Virginia,  early  attracted 
the  attention  of  Mr.  Madison.  The  river  Poto 
mac  was  the  boundary  between  Maryland  and 
Virginia,  The  charter  to  Lord  Baltimore  had 
defined  the  boundary  to  be  along  the  southern 
shore  of  the  river ;  and,  by  the  constitution  of 
1776,  Virginia  had  released  to  Maryland  all  the 
territory  embraced  within  that  charter,  "with  all 
the  rights  of  property,  jurisdiction,  and  govern 
ment,  and  all  other  rights  whatsoever  which 
might  at  any  time  heretofore  have  been  claimed 

lized  by  Great  Britain,  when  it  was  lishing  a  Philadelphia  or  a  Balti 
more*  among  ourselves,  as  one 
indispensable  step  towards  relief; 
and  the  difficulty  is  not  a  little  in 
creased  by  the  pains  taken  by  the 
merchants  to  prevent  such  a  ref 
ormation,  and  by  the  opposition 
arising  from  local  views.  I  have 
been  told  that  Arthur  Lee  paved 
the  way  to  his  election  in  Prince 
William  by  promising  that,  among 
other  things,  he  would  overset  the 
port  bill.  Mr.  Jefferson  writes  me 
that  the  port  bill  has  been  pub 
lished  in  all  the  gazettes  in  Eu 
rope,  with  the  highest  approbation 
everywhere  except  in  Great  Brit 
ain.  It  would,  indeed,  be  as  sur 
prising  if  she  should  be  in  favor 
of  it,  as  it  is  that  any  among  our 
selves  should  be  against  it.  I  see 


under  the  direction  of  the  British 
Parliament,  than  it  is  at  this  mo 
ment.  But  as  our  merchants  are 
almost  all  connected  with  that 
country,  and  that  only,  and  as  we 
have  neither  ships  nor  seamen  of 
our  own,  nor  likely  to  have  any  in 
the  present  course  of  things,  no 
mercantile  complaints  are  heard. 
The  planters  are  dissatisfied,  and 
with  reason ;  but  they  enter  little 
into  the  science  of  commerce,  and 
rarely,  of  themselves,  combine  in 
defence  of  their  interests." 

Then  stating  some  well-known 
facts  to  show  how  much  higher 
were  the  prices  of  Virginia  prod 
uce  in  Northern  markets  than  in 
her  own,  as  well  as  how  much 
cheaper  foreign  merchandise  was 
to  be  had  there,  he  proceeds,  — 

"It  is  difficult,  notwithstand 
ing,  to  make  them  [the  planters] 
sensible  of  the  utility  of  estab- 

*  By  concentrating  our  commerce  at  Alexandria  and  Norfolk,  the  object  of  the  port 

bin 


no  possibility  of  engaging  other 
nations  in  a  rivalship  with  her, 
without  some  such  regulation  of 


our  commerce. 


JURISDICTION  OVER  POTOMAC  RIVER.         549 

by  her,  except  the  free  navigation  and  use  of 
the  rivers  Potomac  and  Pohomoke."  Mr.  Madi 
son  was  apprehensive  that  the  broad  and  general 
terms  in  which  this  surrender  of  the  rights  of 
jurisdiction  and  government  was  made  to  Mary 
land,  might  be  interpreted  into  a  total  relinquish- 
ment  by  Virginia  of  any  jurisdiction  over  the 
Potomac  Kiver,  and  thus  a  fatal  door  be  opened 
for  the  violation  or  evasion  of  her  port  regula 
tions  upon  that  important  channel  of  commerce. 

Mr.  Jefferson,  being  then  at  Annapolis  as  one 
of  the  delegates  of  Virginia  in  Congress,  Mr. 
Madison,  in  a  letter  to  him  of  the  16th  of  March, 
1784,  called  his  attention  to  this  subject,  that  he 
might  sound  the  sentiments  of  the  Maryland  del 
egates  with  regard  to  it,  and  ascertain  what  pros 
pect  there  was  of  an  amicable  adjustment  of  the 
question. 

"I  was  told,"  he  says,  "on  my  journey  along 
the  Potomac,  of  several  flagrant  evasions  which 
had  been  practised  with  impunity  and  success  by 
foreign  vessels  which  had  loaded  at  Alexandria. 
The  jurisdiction  of  half  the  rivers  ought  to  have 
been  expressly  reserved.  The  terms  of  the  sur 
render  are  the  more  extraordinary,  as  the  patents 
of  the  Northern  Neck  place  the  whole  river  Po 
tomac  within  the  government  of  Virginia ;  so 
that  we  wrere  armed  with  a  title  both  of  prior 
and  posterior  date  to  that  of  Maryland.  What 
will  be  the  best  course  to  repair  the  error, — 
whether  to  extend  our  laws  upon  the  river, 


550  LIFE   AND  TIMES   OF  MADISON. 

making  Maryland  the  plaintiff,  if  she  chooses  to 
contest  their  authority,  —  to  state  the  case  to 
her  at  once,  and  propose  a  settlement  by  nego 
tiation, —  or  to  propose  a  mutual  appointment  of 
commissioners  for  the  general  purpose  of  pre 
serving  a  harmony  and  efficacy  in  the  regula 
tions  on  both  sides  ? 

"The  last  mode  squares  best  with  my  present 
ideas.  It  can  give  no  irritation  to  Maryland  •  it 
can  weaken  no  plea  of  Virginia ;  it  will  give 
Maryland  an  opportunity  of  stirring  the  question, 
if  she  chooses ;  and  will  not  be  fruitless  if  Mary 
land  should  admit  our  jurisdiction.  If  I  see  the 
subject  in  its  true  light,  no  time  should  be  lost 
in  fixing  the  interest  of  Virginia.  The  good  hu 
mor  into  which  the  cession  of  the  back  lands 
must  have  put  Maryland,  forms  an  apt  crisis  for 
any  negotiations  which  may  be  necessary.  You 
will  be  able  probably  to  look  into  her  charter 
and  laws,  and  to  collect  the  leading  sentiments 
relative  to  the  matter." 

Mr.  Jefferson  replied  to  this  letter  on  the  25th 
of  April.  "I  like,"  he  said,  "the  method  you 
propose  of  settling  at  once  with  Maryland  all 
matters  relative  to  the  Potomac.  To  introduce 
this  the  more  easily,  I  have  conversed  with  Mr. 
Stone  [one  of  their  delegates]  on  the  subject, 
and  finding  him  of  the  same  opinion,  have  told 
him  I  would  by  letters  bring  the  subject  forward 
on  our  part.  They  will  consider  it,  therefore,  as 
originated  by  this  conversation." 


ARRANGEMENT  WITH  MARYLAND  PROPOSED.    551 

The  matter  being  thus  put  in  train  by  Mr. 
Madison  previous  to  the  meeting  of  the  legisla 
ture,  he  pursued  it  when  that  body  assembled. 
The  following  resolution  introduced  by  him  (in 
blank  as  to  names),  was  adopted  by  the  House  of 
Delegates  on  the  28th  of  June,  and  was  concur 
red  in  two  days  afterwards  by  the  Senate. 

"Whereas,  great  inconveniences  are  found  to 
result  from  the  want  of  some  concerted  regula 
tions  between  this  State  and  the  State  of  Mary 
land  touching  the  jurisdiction  and  navigation  of 
the  river  Potomac, — 

"Resolved,  That  George  Mason,  Edmund  Ran 
dolph,  James  Madison,  Jr.,  and  Alexander  Hen 
derson,  Esquires,  be  appointed  commissioners,  and 
that  they  or  any  three  of  them  do  meet  such 
commissioners  as  may  be  appointed  on  the  part 
of  Maryland,  and,  in  concert  with  them,  frame 
such  liberal  and  equitable  measures  concerning 
the  said  river  as  may  be  mutually  advantageous 
to  the  two  States,  and  that  they  make  report 
thereof  to  the  General  Assembly. 

"Resolved,  That  the  executive  be  requested  to 
notify  the  above  appointment,  with  the  object 
of  it,  to  the  State  of  Maryland,  and  desire  its 
concurrence  in  the  proposition."1 

It  was  this  essay,  originated  by  Mr.  Madison, 
to  establish,  by  mutual  concert,  common  regula 
tions  of  navigation  and  trade  between  two  con 
terminous  States,  which  led,  as  we  shall  hereafter 

1  Journal  of  House  of  Delegates,  May  session,  1784,  pp.  84  and  89. 


552  LIFE  AND  TIMES   OF  MADISON. 

see,  to  the  call  of  the  convention  at  Annapolis 
for  considering  the  establishment  of  an  uniform 
system  of  commercial  regulations  among  all  the 
States ;  and  that  produced  the  general  convention 
of  Philadelphia,  whose  proceedings  terminated  in 
the  present  constitution  of  the  United  States. 
As  the  first  step  in  a  connected  series  of  move 
ments  which  conducted  the  country  to  so  happy 
a  consummation,  we  have  thought  its  history 
required  the  development  we  have  here  given 
it 

It  had  been  the  intention  of  Mr.  Madison,  in 
connection  with  this  subject,  to  bring  forward  a 
proposition  for  improving  the   navigation  of  the 
upper  parts  of  the  Potomac  Eiver,  as  one  of  the 
principal    channels    by   which    the    trade    of   the 
West  was  to  be  drawn  into  Virginia ;  and  he  de 
sired  especially  to  associate  the   name   and  influ 
ence  of  Washington,  in   some   becoming  manner, 
with  an  enterprise  of  so  much  grandeur.     In  the 
letter  to  Mr.  Jefferson  of  the   3d  of  July,  1784, 
already  referred  to,  written  after  the  close  of  the 
first  session  of   the  legislature  for  that  year,  he 
says :   "  I  found   no   opportunity  of  broaching    a 
scheme  for  opening  the  navigation  of  the  Poto 
mac,  under  the  auspices  of  General  Washington." 
But    to    this  object   his    attention  was   earnestly 
given  at  the   ensuing  session ;   and  he  had  then 
the  happiness  of  carrying  through  the  legislature, 
with  the  powerful  aid   and  cooperation  of  Gen 
eral  Washington    himself,   a    comprehensive    and 


REVISION  OF  THE  LAWS. 


553 


well  considered  system  of  internal  improvements 
for  the  whole  State.1 

After  disposing  of  these  questions  involving 
the  material  interests  of  the  State,  Mr.  Madison 
turned  his  attention  to  ameliorations  of  her  civil 
and  political  system.  One  of  the  earliest  meas 
ures  adopted  by  Virginia,  after  the  formation  of 
her  republican  constitution  in  1776,  was  the  ap 
pointment  of  a  committee  of  revisors,  of  which 
Mr.  Jefferson,  Mr.  Pendleton,  and  Mr.  Wythe 
were  the  acting  members,  for  the  purpose  of  re 
viewing  the  entire  body  of  her  laws  then  in 


1  It  was  in  the  correspondence 
of  this  period  between  Mr.  Jeffer 
son  and  Mr.  Madison  that  the  first 
suggestion  appears  of  entering  up 
on  these  great  works,  under  the 
auspices  of  General  Washington's 
name  and  direction.  How  entirely 
Mr.  Jefferson  appreciated  their 
vast  importance  and  consequences 
in  the  future,  and  how  earnestly 
he  desired  to  see  General  Wash 
ington  connected  with  them,  as  ob 
jects  worthy  his  patriotism  and 
fame,  is  shown  by  a  letter  ad 
dressed  to  Mr.  Madison  as  early 
as  the  20th  of  February,  1 784. 

"  The  Ohio  and  its  branches," 
he  says,  "which  head  up  against 
the  Potomac,  afford  the  shortest 
water  communication  by  500  miles 
of  any  which  can  be  got  between 
the  Western  waters  and  the  At 
lantic,  and  of  course  promise  us 
almost  a  monopoly  of  the  Western 
and  Indian  trade.  I  think  the 
opening  of  this  navigation  is  an 
VOL.  i.  47 


object  on  which  no  time  is  to  be 
lost.    Pennsylvania  is  attending  to 
the   Western   commerce."  •  After 
mentioning  what  Pennsylvania  was 
then   doing   to  secure    the   great 
prize,  he   proceeds:   "  Couhf  not 
our  Assembly  be  induced  to  lay  a 
particular  tax  which  should  bring 
in  £5,000  or  £  10,000  a  year,  to  be 
applied  till  the  navigation  of  the 
Ohio  and  Potomac  is  opened,  then 
James  Kiver,  and  so  on,  through 
the  whole  successively.     General 
Washington  has  that  of  the  Poto 
mac  much  at  heart.     The  superin 
tendence  of  it  would  be  a  noble 
amusement  in  his  retirement,  and 
leave  a  monument  of  him  as  long 
as  the  waters  should  flow.     I  am 
of  opinion  he  would  accept  of  the 
direction   as   long  as  the   money 
should  be  to  be  employed  on  the 
Potomac;   and  the  popularity  of 
his  name  would  carry  it  through 
the   Assembly."    Manuscript  let 
ter. 


554  LIFE  AND  TIMES    OF  MADISON. 

force,  —  proposing  such  changes  as  should  appear 
necessary  to  adapt  them  to  her  new  institutions, 
—  and  digesting  the  whole  in  the  form  of  bills  for 
the  deliberate  consideration  of  a  future  legisla 
ture.  The  arduous  labors  of  the  committee  were 
completed  early  in  1779,  and  were  embraced  in 
one  hundred  and  twenty-six  bills,  which  they  re 
ported  to  the  General  Assembly  at  the  May  ses 
sion  of  that  year. 

No  opportunity  had  been  found,  amid  the  dis 
tractions  and  exigencies  of  the  war,  to  enter 
systematically  upon  the  important  work  of  con 
summating  this  revision  of  the  laws.  On  the 
return  of  peace,  it  presented  itself  as  one  of  the 
first  and  most  essential  objects  of  the  statesman's 
care.  Mr.  Madison  took  the  lead  in  it.  But 
deeming  it  an  indispensable  preliminary  to  legis 
lative  action  on  a  scheme  "which  proposed  such 
various  and  material  changes  in  our  legal  code," 
that  the  fullest  opportunity  should  be  afforded 
for  its  examination,  and  that  a  knowledge  of  its 
provisions  should  be  "diffused  throughout  the 
community,"  he  offered  a  resolution,  in  which 
those  considerations  were  set  forth,  directing  a 
number  of  copies  of  the  report  to  be  printed  for 
distribution  in  the  several  counties  of  the  State, 
as  well  as  for  supplying  the  members  of  the  leg 
islative,  executive,  and  judiciary  departments  of 
the  government.  After  the  adoption  of  the  res 
olution,  the  further  prosecution  of  the  work  was 
deferred  to  the  next  meeting  of  the  legislature. 


REVISION  OF   STATE   CONSTITUTION.          555 

Mr.  Madison's  views  of  reform  extended  also 
to  the  constitution  of  the  State ;  more,  it  would 
seem,  with  a  view  to  place  it  on  an  authentic 
and  unequivocal  basis  of  popular  assent  than  to 
remove  mere  theoretical  defects.  The  constitu 
tion  of  1776  had  been  framed  at  a  crisis  of  great 
public  anxiety,  and  in  the  midst  of  national 
emergencies  of  a  very  pressing  character.  The 
body  from  which  it  proceeded,  having  received 
no  express  power  from  the  people  to  establish 
a  permanent  form  of  government, —  though  such 
power  was  strongly  implied  from  the  circum 
stances  under  which  it  was  chosen,  —  the  para 
mount  authority  of  the  instrument,  as  a  supreme 
law,  was  constantly  exposed  to  be  called  in  ques 
tion,  and  was  actually  questioned  by  men  of  great 
weight  in  the  public  councils. 

The  habitual  reverence  of  Mr.  Madison  for  the 
public  will,  as  the  only  legitimate  basis  on  which 
republican  institutions  can  rest,  made  him  de 
sirous  that  the  fundamental  law  of  Virginia 
should  be  clothed  with  that  highest  sanction,  in 
a  way  which  should  admit  of  no  doubt.  He  fa 
vored,  therefore,  the  call  of  a  convention  with 
full  power  from  the  people  to  establish  a  consti 
tution  ;  which  convention,  when  assembled,  would 
either  ratify  the  existing  government  as  it  was, 
or  use  the  occasion  to  make  such  amendments 
in  it  as  to  bring  its  provisions  into  closer  con 
formity  with  the  theoretical  rules  of  political 
science.  These  appear  to  have  been  his  leading 


556  LIFE  AND  TIMES  OF  MADISON. 

views.  He  was  neither  an  agitator  nor  a  vision 
ary  in  the  cause. 

In  writing  to  Mr.  Jefferson  on  the  15th  of 
May,  1784,  a  few  days  after  the  meeting  of  the 
legislature,  and  referring  to  the  project  of  a  revis 
ion  of  the  State  constitution,  he  says :  "  Whether 
any  experiment  will  be  made  this  session,  is  un 
certain.  Several  members,  with  whom  I  have 
casually  conversed,  give  me  more  encouragement 
than  I  had  indulged.  As  Colonel  Mason  remains 
in  private  life,  the  expediency  of  starting  the 
idea  will  depend  much  on  the  part  to  be  ex 
pected  from  Richard  Henry  Lee  and  Mr.  Henry." 

In  another  letter  to  Mr.  Jefferson  dated  the 
3d  of  July,  immediately  after  the  adjournment 
of  the  legislature,  he  gives  the  following  history 
of  what  was  done  on  the  subject,  and  of  his  own 
part  in  the  proceedings :  — 

"  A  trial  was  made  for  a  State  convention ;  but 
in  a  form  not  the  most  lucky.  The  adverse 
temper  of  the  House,  and  particularly  of  Mr. 
Henry,  had  determined  me  to  be  silent  on  the 
subject.  But  a  petition  from  Augusta  having, 
among  other  things,  touched  on  a  reform  of  the 
government,  and  Richard  Henry  Lee  arriving 
with  favorable  sentiments,  we  thought  it  might 
not  be  amiss  to  stir  the  matter.  Mr.  Stuart, 
from  Augusta,  accordingly  proposed  to  the  com 
mittee  of  ' propositions  and  grievances'  the  res 
olutions  reported  to  the  House,  as  per  Journal. 
Unluckily,  Mr.  Lee  was  obliged  by  sickness  to 


VIEWS   OF   THOSE  WHO   FAVORED  IT.         557 

leave  us  the  day  before  the  question  came  on  in 
committee  of  the  whole ;  and  Mr.  Henry  showed 
a  more  violent  opposition  than  we  had  expected. 
The  consequence  was  that,  after  two  days  debate, 
the  report  was  negatived  ;  and  the  majority, 
not  content  with  stopping  the  measure  at  pres 
ent,  availed  themselves  of  their  strength  to  put 
a  supposed  bar  on  the  Journal  against  a  future 
possibility  of  carrying  it.  The  members  for  a 
convention  with  full  powers  were  not  consider 
able  in  number,  but  included  most  of  the  young 
men  of  education  and  talents.  A  great  many 
would  have  concurred  in  a  convention  for  speci 
fied  amendments;  but  they  were  not  disposed  to 
be  active,  even  for  such  a  qualified  plan." 

As  the  resolutions  which  were  reported  by  the 
committee  of  "propositions  and  grievances,"  em 
body  very  clearly  and  succinctly  the  views  of 
Mr.  Madison,  and  others  who  favored  a  conven 
tion,  we  insert  them  for  the  information  of  the 
reader. 

"Resolved,  That  such  other  part  of  the  said 
petition  as  prays  for  a  reformation  of  the  gov 
ernment  of  this  Commonwealth  is  reasonable ; 
that  the  ordinance  of  the  convention,  commonly 
called  the  constitution,  does  not  rest  upon  an 
authentic  basis,  and  was  no  more  than  a  tempo 
rary  organization  of  government  for  preventing 
anarchy,  and  pointing  our  efforts  to  the  two 
principal  objects,  of  war  against  our  then  invaders, 
and  peace  and  happiness  among  ourselves ;  but 

47* 


558  LIFE   AND  TIMES   OF  MADISON. 

this,  like  all  other  acts  of  legislation,  being  sul> 
ject  to  change  by  subsequent  legislatures,  pos 
sessing  equal  power  with  themselves,  should  now 
receive  those  amendments  which  time  and  trial 
have  suggested,  and  be  rendered  permanent  by 
a  power  superior  to  that  of  the  ordinary  legis 
lature. 

"Resolved,  That  an  ordinance  pass,  recommend 
ing  to  the  good  people  of  this  Commonwealth  the 
choice  of  delegates  to  meet  in  general  convention, 
with  powers  to  form  a  constitution  of  government 
to  which  all  laws,  present  and  future,  should  be 
subordinate;  provided,  that  the  present  govern 
ment  shall  remain  in  every  respect  as  it  now  is, 
until  such  constitution  shall  be  finally  settled 
and  actually  substituted."1 

These  resolutions  were  committed  to  a  com 
mittee  of  the  whole  House  on  the  state  of  the 
Commonwealth,  where  they  were  the  subject  of 
the  two  days'  animated  debate  mentioned  by 
Mr.  Madison.  That  committee  made  a  report, 
which  was  concurred  in  by  the  House  by  a  vote 
of  57  to  42,  and  which,  by  its  tone  of  firmness 
and  adherence  to  existing  institutions,  recalls  the 
"  nolwmis  leges  Anglice  mittare"  of  the  old  bar 
ons  in  the  Parliament  of  Merton,  and  is  a  faithful 
and  instructive  exemplification  of  the  conservative 
temper  and  character  of  the  people  of  Virginia 
of  that  day.  It  was  in  these  words :  — 

1  See  Journal  of  House  of  Delegates  of  Virginia,  May  session,  1784, 
p.  55. 


REJECTION  OF  THE   PROPOSITION.  559 

"Resolved,  That  it  is  the  opinion  of  this  com 
mittee  that  so  much  of  the  petition  from  Au 
gusta  county  as  relates  to  an  alteration  of  the 
constitution  or  form  of  government  ought  to  be 
rejected,  such  a  measure  not  being  within  the 
province  of  the  House  of  Delegates  to  assume; 
but,  on  the  contrary,  it  is  the  express  duty  of 
the  representatives  of  the  people,  at  all  times  and 
on  all  occasions,  to  preserve  the  same  inviolate, 
until  a  majority  of  all  the  free  people  of  the 
Commonwealth  shall  direct  a  reform  thereof"1 

This  decision  of  the  legislature  was  followed 
by  forty-five  years  of  continued  and,  in  general, 
contented  acquiescence  in  the  constitution  of 
1776  by  the  people,  and  of  recognition  of  its 
authority  by  the  various  departments  of  the  gov 
ernment,  which  amply  supplied  any  technical 
defect  in  its  origin.  The  Commonwealth,  under 
its  auspices,  enjoyed  a  reign  of  public  virtue  and 
of  practical  and  well-ordered  freedom  which,  in 
spite  of  theoretical  criticisms,  future  times  will 
look  back  to  with  gratitude  and  respect,  if  not 
with  envy  and  regret.2 

1  See  Journal  of  House  of  Del-  of  the  reasons  which  determined 
egates  of  Virginia,  May   session,  him   in  favor  of  the  proposition, 
1784,  p.  70.  we  subjoin  them  here,  precisely  as 

2  Among  Mr.  Madison's  papers  we  find  them. 
we  find  the  notes  of  the  speech 

rn.de  by  him  on  the  proposed  re-  M^T^r^Tr^ 

vision  of   the  constitution.     They  85.  86.   Del.  p.  106.  N.  c.  p.  146.  150.  S.  0. 

are  very  brief  and  condensed.    As  p<  188'  Geo-  P-  186- 

a  sample  of  his  lucid  order  in  the  "Convention  of  1776,  without  due  power 


arrangement  of  his  thoughts  for  de-          , 

oa  ^    U'K-r  ii-  lg  Passed  ordinance  for  Const"  on  rec- 

as  exhibiting  an  Outline      ommendation  of  Cong«  of  15  May,  prior  to 


560 


LIFE  AND   TIMES   OF  MADISON. 


The  question  of  religious  freedom,  with  which 
Mr.  Madison  had  been  so  much  and  so  earnestly 
occupied  in  the  earlier  stages  of  his  career,  met 
him  again  on  his  return  into  the  councils  of  the 
State.  Petitions  were  presented  to  the  legisla 
ture,  alleging  a  decay  of  public  morals,  and  pro 
posing,  as  the  most  appropriate  remedy,  a  general 
assessment  upon  the  people  for  the  support  of 
Among  the  standing  commit- 


religious  teachers. 


decl"  of  Independence  ;  as  was  done  in  N.  H 
p.  1.  and  N.  J.  p.  78.  84. 

U2.  passed  from  impulse  of  necessity  — 
see  last  clause  of  the  preamble. 

"  3.  before  independence  declared  by 
Cong'. 

"  4.  power  from  people  no  where  pretend 
ed. 

"  5.  other  ordinances  of  same  session 
deemed  alterable,  —  as  relative  to  senators 
—  oaths  —  salt. 

"  6.  provision  for  case  of  West  Augusta 
in  its  nature  temporary. 

"  7.  convention  make  themselves  branch 
of  the  Legislature. 
"  Constitution,  if  so  to  be  called  defective  — 

"  J.  in  a  union  of  powers,  which  is  tyran-j 
ny,  Montesq". 

"  2.  Executive  department  dependent  on 
legislature,  1.  for  salary.  2.  for  character 
in  triennial  expulsion.  3.  expensive.  4.  may 
be  for  life  contrary  to  art.  5.  of  Declaration 
of  rights. 

"  3.  Judiciary  dependent  for  amt  of  salary. 

"  4.  Privileges  and  wages  of  members  of 
Legislature  unlimited  and  undefined. 

"  6.  Senate  badly  constituted  and  im 
properly  barred  of  the  originating  of  laws. 

"6.  equality  of  representation  not  pro 
vided  for  —  see  N.  Y.  p.  66.  S.  C.  p.  165. 

"  7.  Impeachments  of  great  moment  and 
on  bad  footing. 

"  8.  county  courts  seem  to  be  fixed,  p. 
143.  144  —  Also  General  court. 

"  9.  Habeas  corpus  omitted. 

'10.  No  mode  of  expounding  Constitu 
tion,  and  of  course,  no  check  to  Geni  As 
sembly. 

"  11.  Right  of  suffrage  not  well  fixed  — 
quaere  if  popish  recusants  &c.  not  disfran 
chised. 


"  Constitution  rests  on  acquiescence,  a 
bad  basis. 

"  Revision  during  war  improper  —  on  re 
turn  of  peace,  decency  requires  surrender 
of  power  to  people. 

"  No  danger  in  referring  to  the  people, 
who  already  exercise  an  equivalent  power. 

"  If  no  change  be  made  in  the  constitu 
tion,  it  is  advisable  to  have  it  ratified,  and 
secured  against  the  doubts  and  imputation? 
under  which  it  now  labours." 

Mr.  Madison's  opinions  on  the 
constitution  of  Virginia,  with  re 
gard  to  the  right  of  suffrage,  the 
mode  of  appointment  and  tenure 
of  the  judiciary,  and  other  ques 
tions  of  internal  organic  law,  were 
essentially  different  from  Mr.  Jef- 
tferson's,  —  marking  not  merely  the 
^common  difference  between  theory 
md  practice,  but  important  differ 
ences  as  to  the  theory  itself  of  a 
^ell-balanced  republic,  guarded, 
in  every  side,  against  the  danger 
'of  oppression  and  abuse.  For  his 
opinions  on  these  questions,  ex 
pressed  about  this  time,  see  his  let 
ter  to  Mr.  John  Brown  of  Ken 
tucky,  dated  23d  of  August,  1785, 
and  his  observations  on  Mr.  Jeffer 
son's  "  Draught  of  a  Constitution," 
addressed  to  the  same  gentleman 
in  October,  1788. 


QUESTIONS  TOUCHING  RELIGIOUS  FREEDOM.   561 

tees    of   the   House  of  Delegates,  at  that   time, 
was  a  committee  charged  "with  all  matters  relat 
ing  to  religion    and    morality,"  and   denominated 
"the   committee   of  religion."     To   that    commit 
tee    were     referred    the     above-mentioned     peti 
tions;  and    in  a  short  time    they  reported    that 
the    suggestion   of  the    petitioners  was,  in    their 
opinion,  reasonable  and  expedient.     Mr.  Madison, 
in  giving  an  account,  at  the  time,  of  the  proceed 
ings  of  the  legislature   to   a   correspondent  then 
absent  from  the   country,   says,  "The  friends   of 
this  measure  did  not  choose  to  try  their  strength 
in    the    House."      The    report  of  the    committee 
was,  therefore,  not   acted  upon   during  that  ses 
sion  of  the  legislature ;  but  the  question  was  re 
newed    at    the    succeeding    session,    and    became 
then,  as  we  shall    see,  the  subject  of  high  and 
solemn  debate. 

Petitions  were  also  presented  from  the  Baptist, 
Presbyterian,  and  Protestant  Episcopal  churches' 
-the  two  former  asking  a  removal  of  all  re 
maining  distinctions  in  favor  of  the  Episcopal 
church,  and  that  "religious  freedom  be  estab 
lished  upon  the  broad  basis  of  perfect  political 
equality;"  and  the  last  demanding  the  repeal  of 
certain  laws  which  restrained,  as  they  alleged, 
their  power  of  self-government,  and  praying  for 
an  act  of  incorporation  to  enable  them  to  hold 
their  property  securely,  and  to  regulate  their 
own  spiritual  concerns.1  The  committee  of  re- 

1  See  Journal  of  House  of  Delegates  of  Virginia,  May  session, 
1784,  pp.  20,  21,  and  36. 


562  LIFE  AND  TIMES   OF  MADISON. 

ligion,  to  whom  these  petitions  were  referred,  re 
ported  the  demands  of  all  of  them  to  be  reason 
able,  and  particularly  that  the  applications  made 
by  the  clergies  of  both  the  Episcopal  and  Pres 
byterian  churches,  for  the  incorporation  of  their 
respective  societies,  were  so ;  and  that  "  like  incor 
porations  ought  to  be  extended  to  all  other  relig 
ious  societies  within  this  Commonwealth,  which 
may  apply  for  the  same."1 

It  does  not  appear,  however,  that  a  bill  was 
actually  brought  in  for  the  incorporation  of  any 
other  church  than  the  Episcopal.  This,  when  re 
ported,  was  committed  to  a  committee  of  the 
whole  House,  and  occasioned  warm  discussions. 
Mr.  Madison,  in  the  letter  cited  above,  gives  the 
following  account  of  it,  and  of  its  reception. 

"  The  Episcopal  clergy  introduced  a  notable 
project  for  reestablishing  their  independence  of 
the  laity.  The  foundation  of  it  was  that  the 
whole  body  should  be  legally  incorporated,  in 
vested  with  the  present  property  of  the  church, 
made  capable  of  acquiring  indefinitely,  empow 
ered  to  make  canon  and  by-laws  not  contrary  to 
the  laws  of  the  land ;  and  incumbents,  when  once 
chosen  by  the  vestries,  to  be  irremovable  other 
wise  than  by  sentence  of  the  convocation.  Ex 
traordinary  as  such  a  project  was,  it  was  pre 
served  from  a  dishonorable  death  by  the  talents 
of  Mr.  Henry.  It  lies  over  for  another  session." 

i  See  Journal  of  House  of  Delegates  of  Virginia,  May  session, 
1784,  p.  43. 


QUESTIONS  OF  FEDERAL  POLICY.     563 

It  is  shown  by  the  Journal  of  the  House  that 
this  bill,  after  being  debated  two  days  in  com 
mittee  of  the  whole,  was  specially  assigned  to 
the  second  Monday  in  November,  at  the  ensuing 
session,  to  be  again  considered  in  the  same  com 
mittee.  The  proceedings  upon  it  at  that  time, 
and  the  part  then  taken  by  Mr.  Madison  with 
regard  both  to  it  and  the  proposition  of  a  gen 
eral  assessment,  will  hereafter  demand  our  atten 
tion. 

The  questions  of  federal  policy  brought  before 
the  legislature  at  this  session  were,  for  the  most 
part,  acted  upon  in  a  spirit  of  great  liberality, 
and  with  unusual  promptitude.  The  proposed 
amendment  of  the  eighth  article  of  the  confedera 
tion, — which  formed  a  part  of  the  "revenue  plan" 
adopted  by  Congress  on  the  18th  of  April,  1783, 
and  by  which  the  whole  number  of  free  white 
inhabitants  and  three  fifths  of  all  others  was  to 
be  substituted  for  the  value  of  lands  and  their 
improvements  as  the  rule  for  apportioning  fede 
ral  burdens  among  the  States, — had  not  hitherto 
been  acted  upon  in  Virginia.  It  was  now  taken 
up  at  an  early  period  of  the  session,  and  acceded 
to  by  a  general  vote.  At  the  same  time,  as  it 
was  uncertain  whether  the  amendment  would  be 
accepted  by  all  the  other  States,  it  was  resolved 
that  immediate  measures  should  be  taken  to  ob 
tain  and  transmit  to  Congress  the  information 
they  had  called  for  to  enable  them  to  fix  the 
valuation  of  lands  and  their  improvements  in  the 


564  LIFE   AND   TIMES   OF  MADISON. 

several  States,  required  by  the  existing  rule  of 
apportionment  under  the  articles  of  confederation. 
Appropriate  acts  were  passed,  during  the  session, 
for  carrying  both  of  these  resolutions  into  effect.1 

A  resolution  was  then  passed,  declaring  that, 
until  arrangements  shall  be  completed  for  appor 
tioning  among  the  States  the  common  debts  and 
charges  of  the  confederacy  by  one  or  other  of 
the  above-mentioned  rules,  "the  preservation  of 
justice  and  the  national  character"  demand  that 
all  requisitions,  which  may,  from  time  to  time,  be 
made  upon  the  States  by  Congress  for  discharg 
ing  the  debts  incurred  during  the  war  or  for 
defraying  the  ordinary  expenses  of  government, 
—  whether  apportioned  by  either  of  the  said 
rules,  or  by  such  other  temporary  rule  as  may 
be  judged  more  equitable,  —  should  be  faithfully 
complied  with.  To  this  was  added  another  res 
olution  of  unwonted  vigor  in  favor  of  the  fed 
eral  authority.  It  was  in  the  following  words : — 

"Resolved,  That  the  delegates  representing  this 
State  in  Congress  ought  to  be  instructed  to  urge 
in  Congress  all  measures  necessary  for  accelerat 
ing  a  fair  and  final  settlement  of  the  accounts 
subsisting  between  the  United  States  and  indi 
vidual  States ;  and  that  whenever  such  settle 
ment  shall  have  been  completed,  a  payment  of 
the  balance  appearing  thereupon  to  be  due"  (or 
estimated  by  Congress  to  be  due,  in  case  of  ob- 

i  See  Journal  of  House  of  Delegates,  p.  11,  and  Hen.  Stat.  vol.  xi. 
pp.  401,  402,  and  415-41 7. 


COERCIVE  POWER  IN   CONGRESS.  565 

struction  or  failure  of  a  definite  rule  of  settlement, 
as  a  subsequent  resolution  provided)  "ought  to 
be  enforced,  if  necessary,  by  such  distress  on  the 
property  of  the  defaulting  States  or  of  their  cit 
izens,  as  by  the  United  States,  in  Congress  assem 
bled,  may  be  deemed  adequate  and  most  eligible." ] 

This  resolution  of  the  House  of  Delegates  of 
Virginia,  implying  and  recognizing  the  preexist- 
ence  of  a  coercive  power  in  Congress  with  re 
gard  to  the  States,  and  invoking  its  exercise,  has 
been  considered  to  be  the  offspring  of  Mr.  Henry. 
As  the  assertion  was  made  to  his  face,  and  not 
contradicted,  it  may  be  assumed  to  be  true.2  It 
is  rendered  the  more  probable  by  the  contempo 
rary  evidence  which  Mr.  Madison's  correspond 
ence  affords  of  Mr.  Henry's  general  views,  at  that 
time,  in  relation  to  the  federal  authority.  In 
writing  to  Mr.  Jefferson  on  the  15th  of  May,  1784, 
four  days  before  the  adoption  of  this  resolution, 
he  says :  "  The  latter  [Mr.  Henry]  arrived  yes 
terday;  and,  from  a  short  conversation,  I  find 
him  strenuous  for  invigorating  the  federal  gov 
ernment,  though  without  any  precise  plan." 

A  resolution  was  also  adopted,  declaring  that 
Congress  ought  to  be  invested,  for  the  term  of 
fifteen  years,  with  the  power  of  prohibiting  the 
vessels  of  any  nation  with  which  no  commercial 
treaty  had  been  formed  from  trading  with  any 

i  Journal  of   House  of  Dele-  2  See   Robertson's   Debates  of 
gates,  May  session,  1 784,  pp.  1 1  Virginia  Convention  of  J  788.    Al 
and  12.  so,  ante,  p.  303. 
VOL.  I.                                      48 


566  LIFE    AND   TIMES   OF   MADISON. 

of  the  States  of  the  confederacy;  and  with  the 
further  power  of  prohibiting  foreigners,  unless 
expressly  authorized  by  treaty  to  do  so,  from 
importing  into  the  United  States  any  goods, 
wares,  or  merchandise  not  the  produce  or  man 
ufacture  of  the  country,  of  which  they  are  citi 
zens  or  subjects.  This  resolution  was  in  exact 
pursuance  and  fulfilment  of  a  recommendation 
which  had  been  made  by  Congress  on  the  30th 
of  April,  1784,  as  the  most  efficient  means  of 
countervailing  the  illiberal  policy  manifested  by 
Great  Britain,  since  the  reestablishment  of  peace, 
in  excluding  the  vessels  of  the  United  States 
from  the  trade  with  her  West  India  islands.1 
Virginia  had,  by  an  act  passed  in  the  autumn 
of  1783,  already  taken  the  initiative  in  the  same 
line  of  action,  by  authorizing  and  inviting  Con 
gress,  so  far  as  depended  on  her,  to  prohibit  the 
importation  of  the  produce  of  the  British  West 
India  islands  into  the  United  States  in  British 
vessels.2  She  now  gave  effect  to  the  recommen 
dation  of  Congress  by  passing  another  act  in  the 
very  terms  of  that  recommendation.3 

Upon  the  subject  of  British  debts,  to  which 
the  recent  ratification  of  the  definitive  treaty  of 
peace  by  Congress  gave  a  very  solemn  impor 
tance,  the  proceedings  of  the  legislature  were 
not  characterized  by  an  equal  spirit  of  loyalty  to 
the  federal  authority.  The  treaty  having  ex- 

1  Journals  of  Congress,  vol.  iv.        a  Hen.  Stat.  vol.  xi.  p.  813. 
p.  393  3  Idem,  pp.  388,  389. 


DEBTS  DUE  TO  BRITISH   SUBJECTS. 


pressly  stipulated  that  there  should  be  «  no  lawful 
impediment  on  either  side  to  the  recovery  of 
debts  heretofore  contracted/'  and  Virginia  having, 
during  the  war,  passed  laws,  which  were  still  in 
force,  prohibiting  the  recovery  of  debts  due  to 
British  subjects,  the  repeal  of  those  laws  seemed 
now  the  necessary  consequence  of  the  paramount 
obligation  of  a  treaty  concluded  by  the  United 
States  in  virtue  of  an  explicit  power  granted  by 
the  articles  of  confederation  to  Congress. 

The  previous  disregard  of  the  provisional  arti 
cles  of  peace  by  the  British  authorities,  in  the 
removal  of  negroes  contrary  to  the  positive  stip 
ulation  of  one  of  those  articles,  gave  a  color  for 
delays  on  the  part  of  the  State,  which,  concurring 
with  the  general  pecuniary  embarrassments  of 
the  people,  too  easily  influenced  the  deliberations 
of  the  Assembly.  A  special  committee  was  ap 
pointed  to  inquire  into  and  report  upon  an  infrac 
tion  of  the  seventh  article  of  the  treaty  by  the 
agents  of  Great  Britain,  u  so  far  as  the  same  re 
spects  the  detention  of  slaves  and  other  property 
belonging  to  the  citizens  of  this  Commonwealth." 
The  report  of  the  committee  having  verified  the 
infraction,  a  resolution  was  brought  forward,  in 
structing  the  delegates  of  the  State  in  Congress 
to  lay  the  same  before  that  body,  and  to  ask  its 
interposition  to  remonstrate  to  and  demand  rep 
aration  from  the  British  government,  with  an 
additional  instruction  in  these  words:  — 

"And  that  the  said  delegates  be  instructed  to 


568  LIFE   AND  TIMES   OF  MADISON. 

inform  Congress  that  the  General  Assembly  have 
no  inclination  to  interfere  with  the  power  of  mak 
ing  treaties  with  foreign  nations,  which  the  confed 
eration  hath  wisely  vested  in  Congress ;  but  it 
is  conceived  that  a  just  regard  for  the  national 
honor,  and  the  interest  of  the  citizens  of  this 
Commonwealth,  obliges  the  Assembly  to  withhold 
their  cooperation  in  the  complete  fulfilment  of 
the  said  treaty,  until  the  success  of  the  aforesaid 
remonstrance  is  known,  or  Congress  shall  signify 
their  sentiments  touching  the  premises." 

To  many  members  of  the  legislature,  of  whom 
Mr.  Madison  was  one,  this  resolution,  while  dis 
claiming  any  interference  with  the  treaty-making 
power  of  Congress,  appeared  plainly  to  assume 
the  decision  of  a  question  respecting  the  obliga 
tion  and  fulfilment  of  treaty  stipulations,  which 
necessarily  and  exclusively  belonged  to  the  prov 
ince  of  the  department  constitutionally  charged 
with  the  treaty-making  power.  An  amendment 
of  the  resolution  was,  therefore,  offered  by  Mr. 
Madison,  which,  in  lieu  of  the  instruction  recited 
above,  proposed  the  following :  — 

"In  case  of  refusal  or  unreasonable  delay  of 
due  reparation,  the  said  delegates  be  instructed  to 
urge  that  the  sanction  of  Congress  be  given  to  the 
just  policy  of  retaining  so  much  of  the  debts  due 
from  the  citizens  of  this  Commonwealth  to  British 
subjects  as  will  fully  repair  the  losses  sustained 
by  the  infraction  of  the  treaty  aforesaid."  * 

1  See  Journal  of  House  of  Delegates,  May  session,  1 784,  pp.  74,  75 


MR.  MADISON'S  PROPOSITION.  569 

The  amendment  failed,  there  appearing  thirty- 
three  votes  for  it,  and  fifty  against  it;  and  the 
original  resolution  was  then  agreed  to  by  the 
House.  This  was  the  inauguration  of  a  policy 
which  led  to  long  and  serious  international  em 
broilments,  and  gave  rise  to  mutual  and  bitter 
recriminations  of  breaches  of  public  faith.  The 
question  will  meet  us  often  again  in  the  course 
of  this  narrative.  We  will  only  remark,  for  the 
present,  that  the  accustomed  division  took  place 
upon  it  between  the  two  ancient  leaders  of  the 
public  councils  of  Virginia  at  that  time.  Mr. 
Richard  Henry  Lee  voted  in  favor  of  an  imme 
diate  compliance  with  the  stipulations  of  the 
treaty  of  peace,  by  the  repeal  of  all  laws  in  Vir 
ginia  inconsistent  with  it ; 1  while  Mr.  Henry  was 
the  champion  of  the  policy  that  prevailed  in  the 
resolution  adopted.2 

1  See  Journal  of  House  of  Del-  for  the    progressive  recovery   of 
egates,  May  session,  1784,  p.  41.  British  debts,  to  be  paid  in  instal- 

2  That  the  reader  may  have  a  ments,  as  under   all   the  circum- 
full  view  of  the  proceedings  of  the  stances  of  the  case  an  equitable 
legislature,  and  of  the  opinions  of  and   proper  arrangement ;  which 
Mr.  Madison  on  a  subject  of  so  proposition   was    introduced   with 
much  interest  to  the  national  char-  the  following  preamble :  — 

acter  and  the  peaceful  relations  of  "  Whereas,  by  the  4th  article 
the  country,  we  here  give  an  out-  of  the  definitive  treaty  of  peace, 
line  of  a  comprehensive  proposi-  ratified  and  proclaimed  by  the 
tion  which  was  submitted  by  him  United  States  in  Congress  assem- 
in  committee  of  the  whole,  both  as  bled  on  the  14th  day  of  January 
to  the  recovery  of  debts  clue  to  last,  '  it  is  agreed  that  creditors  on 
British  subjects,  and  the  mode  of  either  side  shall  meet  with  no  law- 
indemnity  to  be  pursued  for  inju-  ful  impediment  to  the  recovery  of 
ries  to  American  citizens  from  in-  the  full  value,  in  sterling  money, 
fraction  of  the  treaty.  With  regard  of  all  bond  fide  debts  heretofore 
to  the  first,  he  proposed  a  provision  contracted ' ;  and  whereas  it  is  the 
48* 


570 


LIFE  AND  TIMES   OF  MADISON. 


The  legislature  of  Virginia,  at  this  its  first  ses 
sion  since  the  grand  closing  scene  of  the  Revo 
lution  in  the  resignation  of  the  commander-m- 
chief,  was  not  unmindful  of  the  tribute  of  grati- 


duty  and  determination  of  this 
Commonwealth,  with  a  becoming 
reverence  for  the  faith  of  treaties, 
truly  and  honestly  to  give  to  the 
said  article  all  the  effect  which  cir 
cumstances  not  within  its  control 
will  now  possibly  admit ;  and  in 
asmuch  as  the  debts  due  from  the 
good  people  of  this  Commonwealth 
to  the  subjects  of  Great  Britain 
were  contracted  under  the  prospect 
of  gradual  payments,  and  are  justly 
computed  to  exceed  the  possibility 
of  full  payment  at  once,  more  espe 
cially  under  the  diminution  of  their 
property  resulting  from  the  devas 
tations  of  the  late  war,  and  it  is 
therefore  conceived  that  the  inter 
est  of  the  British  creditors  them 
selves  will  be  favored  by  fixing 
certain  reasonable  periods  at  which 
divided  payments  shall  be  made." 

Then  follows  a  resolution  au 
thorizing  a  progressive  recovery 
of  the  debts  to  British  subjects,  in 
annual  instalments  to  be  deter 
mined  by  the  legislature. 

With  regard  to  the  mode  of  in 
demnity  for  injuries  suffered  by 
American  citizens,  after  reciting 
the  stipulations  of  the  treaty  which 
had  been  violated  by  the  function 
aries  and  agents  of  the  British 
government,  the  proposition  pro 
ceeds  :  — 

"  And  whereas  the  good  people 
of  this  Commonwealth  have  a  clear 
right  to  expect  that  whilst,  on  one 


side,  they  are  called  upon  by  the 
United  States  in  Congress  assem 
bled,  to  whom,  by  the  federal  con 
stitution,  the  powers  of  war  and 
peace  are  exclusively  delegated,  to 
carry  into  effect  the  stipulations  in 
favor  of  British  subjects,  an  equal 
observance  of  the  stipulations  in 
their  own  favor  should,  on  the 
other  side,  be  duly  secured  to  them 
under  the  authority  of  the  confed 
eracy,  — 

"  Resolved,  That  it  is  the  opin 
ion  of  this  committee  that  the  del 
egates  representing  this  State  in 
Congress  ought  to  be  instructed  to 
urge  in  Congress  peremptory  meas 
ures  for  obtaining  from  Great  Brit 
ain  satisfaction  for  the  infringement 
of  the  article  aforesaid;  and  in 
case  of  refusal  or  unreasonable 
delay  of  such  satisfaction,  to  urge 
that  the  sanction  of  Congress  be 
given  to  the  just  policy  of  retain 
ing  so  much  of  the  debts  due  from 
citizens  of  this  Commonwealth  to 
British  subjects  as  will  fully  repair 
the  losses  sustained  from  such  in 
fringement  ;  and  that,  to  enable  the 
said  delegates  to  proceed  herein 
with  the  greater  precision  and  ef 
fect,  the  executive  ought  to  be 
requested  to  take  immediate  meas 
ures  for  obtaining  and  transmitting 
to  them  all  just  claims  of  the  citi 
zens  of  this  Commonwealth  undel 
the  7th  article  as  aforesaid." 


HONORS  TO  WASHINGTON.  571 

tude  and  affection  due  to  her  illustrious  son.  At 
an  early  day  of  the  session,  a  committee  was 
appointed,  of  which  Mr.  Madison  was  a  member, 
to  draw  up  an  address  to  Washington,  conveying 
to  him  the  thanks  of  the  legislature  "for  his  un- 
remitted  zeal  and  services  in  the  cause  of  lib 
erty,  and  congratulating  him  on  his  return  to 
his  native  State  and  the  exalted  pleasures  of 
domestic  life."  The  committee  was  instructed 
also  to  consider  and  report  "what  further  meas 
ures  may  be  necessary  for  perpetuating  the  grat> 
itude  and  veneration  of  his  country." 

An  address  was  agreed  on  by  the  two  Houses,  to 
be  presented  by  a  joint  committee  of  both  bodies. 
In  this  address  the  united  representatives  of  the 
Commonwealth,  among  other  grateful  and  patri 
otic  sentiments,  declare  :  "  We  shall  ever  remem 
ber,  sir,  with  affection  and  gratitude,  the  patriotic 
exchange  you  made  of  the  felicities  of  private 
life  for  the  severe  task  of  conducting  the  armies 
of  your  country  through  a  conflict  with  one  of 
the  most  powerful  nations  of  the  earth.  We 
shall  ever  remember  with  admiration  the  wisdom 
which  marked  your  councils  on  this  arduous  oc 
casion  ;  the  firmness  and  dignity  which  no  trials 
of  adverse  fortune  could  shake  ;  the  moderation 
and  equanimity  which  no  scenes  of  triumph  could 
disturb;  nor  shall  we  ever  forget  the  exemplary 
respect  which,  in  every  instance,  you  have  shown 
to  the  rights  of  the  civil  authority,  or  the  ex 
alted  virtue  which  on  many  occasions  led  you  to 


572  LIFE  AND   TIMES   OF  MADISON. 

commit  to  danger  your  fame  itself,  rather  than 
hazard  for  a  moment  the  true  interest  of  your 
country." 

With  regard  to  other  measures  proper  to  per 
petuate  the  gratitude  of  the  country,  it  was 
resolved  to  cause  to  be  erected  a  statue  of  Wash 
ington,  of  the  finest  marble  and  best  workman 
ship,  with  the  following  inscription  upon  its  pe 
destal,  which  is  known  to  have  been  the  com 
position  of  Mr.  Madison  :  — 

"  The  General  Assembly  of  Virginia  have  caused 
this  statue  to  be  erected  as  a  monument  of  affec 
tion  and  gratitude  to  George  Washington,  who, 
uniting  to  the  endowments  of  the  hero  the  vir 
tues  of  the  patriot,  and  exerting  both  in  estab 
lishing  the  liberties  of  his  country,  has  rendered 
his  name  dear  to  his  fellow-citizens,  and  given  to 
the  world  an  immortal  example  of  true  glory":  — 

Words  of  sympathetic  and  virtuous  eloquence, 
worthy  to  go  down,  with  the  spotless  marble  and 
the  shining  fame  of  its  immortal  subject,  to  the 
latest  generations  of  mankind.1 

1  It  was  proposed  by  Houdon,  volume  of  his  Writings,  p.  442.) 

the  artist,  on  his  return  to  France  The  Latin  inscription  which  was 

from  America,  to  change  this  no-  offered  as  a  substitute  was  singu- 

ble  inscription,  which  he  was  un-  larly  jejune  and   pompous,  if  we 

able  to  appreciate,  upon  the  idle  may  judge    from    the   translation 

plea  that  it  was  too  long  for  the  given  by  Mr.  Jefferson  ;  and  was 

space  it  was  to  occupy ;  and  the  almost  ludicrous  by  the  bathos  of 

proposition    was    seriously    enter-  its  termination.      The  translation 

tained    by    Mr.    Jefferson,    then  is  as  follows  :  "  Behold,  reader,  the 

American  minister  at  Paris.     (See  form  of  George  Washington.     For 

his  letter  of  the  8th  of  February,  his  worth,  ask   history ;  that  will 

1786,  to  Mr.  Madison,  in  the  first  tell  it,  when  this  stone  shall  have 


APPEAL   ON  BEHALF   OF  PAINE.  573 

It  was  a  striking  manifestation  of  the  noble 
ness  of  Washington's  character,  that,  while  him 
self  the  object  of  these  high  honors  bestowed  by 
the  legislature  of  his  native  State,  he  sought  to 
interest  their  feelings  on  behalf  of  one  whose  mis 
fortunes,  and  the  merit  of  whose  early  services 
in  the  cause  of  American  independence,  caused 
his  moral  obliquities  to  be  overlooked  for  the 
time,  but  who,  by  his  subsequent  conduct,  and  in 
nothing  more  than  his  revilingg  of  his  benefactor, 
showed  how  unworthy  he  was  of  the  benevolence 
he  inspired.  On  the  12th  of  June,  1784,  Gen 
eral  Washington  wrote  to  Mr.  Madison :  — 

"  Can  nothing  be  done  in  our  Assembly  for 
poor  Paine  ?  Must  the  merit  and  services  of 
6  Common  Sense '  continue  to  glide  down  the 
stream  of  time  unrewarded  by  this  country  ? 
His  writings  certainly  have  had  a  powerful  effect 
upon  the  public  mind.  Ought  they  not,  then,  to 
meet  an  adequate  return?  He  is  poor,  he  is 
chagrined,  and  almost,  if  not  altogether,  in  despair 
of  relief.  His  views  are  moderate ;  a  decent  in 
dependency  is,  I  believe,  all  he  aims  at.  Ought  he 

yielded  to  the  decays  of  time,  his  answer  to  Mr.  Jefferson,  is  ed- 
His  country  erects  this  monument ;  ifying  and  characteristic.  "  I  ain 
Houdon  makes  it."  It  is  difficult  sensible,"  he  says,  "  of  the  inferi- 
to  conceive  how  Mr.  Jefferson  ority  in  every  respect  of  the  orig- 
cotild  have  obtained  the  assent  of  inal  inscription  to  the  proposed 
his  mind  and  taste  to  entertain  or  substitute  ;  but  I  am  apprehensive 
submit  the  proposition  of  such  a  that  no  change  can  now  be  effect- 
change.  The  quiet  and  uncon-  ed."  Manuscript  letter  to  Mr. 
tending  manner  in  which  Mr.  Mad-  Jefferson  of  the  12th  of  May, 
ison  disposes  of  the  suggestion,  in  1786. 


574  LIFE   AND  TIMES   OF  MADISON. 

to  be  disappointed  of  this  ?  If  you  think  other 
wise,  I  am  sure  you  will  not  only  move  the 
matter,  but  give  it  your  support.  For  me,  it 
only  remains  to  feel  for  his  situation,  and  to  as 
sure  you  of  the  sincere  esteem  and  regard  with 
which  I  have  the  honor  to  be,  dear  sir,  yours, 

"GEORGE  WASHINGTON." 

Mr.  Madison  entered  warmly  into  the  views 
of  his  illustrious  correspondent,  and  promptly  in 
troduced  a  bill  for  granting  a  tract  of  land  to 
Paine,  the  kind  of  provision  he  desired.  The 
proposition,  though  sustained  by  powerful  advo 
cates,  did  not  receive  the  sanction  of  the  legis 
lature.  Mr.  Madison  appears  to  have  been  much 
chagrined  at  its  failure  ;  and  in  writing  to  Gen 
eral  Washington,  on  the  2d  of  July,  1784,  he 
says:  " Should  it  finally  appear  that  the  merits 
of  the  man  whose  writings  have  so  much  con 
tributed  to  infuse  and  foster  the  spirit  of  inde 
pendence  in  the  people  of  America  are  unable 
to  inspire  them  with  a  just  beneficence,  the 
world,  it  is  to  be  feared,  will  give  us  as  little 
credit  for  our  policy  as  for  our  gratitude  in  this 
particular." 

The  decision  of  the  legislature,  however,  stands 
justified  in  the  eyes  of  posterity  by  the  exhibition 
which  the  unhappy  subject  of  this  exalted  pat 
ronage  afterwards  made  of  his  own  unworthiness,1 

l  In  any  period  of  the  republic,  man,  in  his  published  letter  of 
the  language  which  this  infatuated  1796,  dared  to  apply  to  Washing- 


REJECTED  BY  THE   LEGISLATURE.  575 

and  may  be  classed  with  other  instances  to  prove 
that  the  judgments  of  collective  bodies  of  men 
are  often  truer  tests  of  individual  merit  than  the 
indulgent  estimates  of  superior  minds  led  away 
by  their  own  benevolent  impulses.  With  this 
generous  but  fruitless  endeavour  to  give  effect 
to  a  magnanimous  intercession  closed  the  pres 
ent  session  of  the  General  Assembly  of  Virginia ; 
and  Mr.  Madison  was  allowed,  though  for  a  brief 
season,  a  respite  from  his  legislative  labors. 

ton,  could  not  but  shock  every  ever  gone  so  far  as  to  say  of  Wash- 
honest  mind ;  but  in  the  present  ington,  "  that,  treacherous  in  pri- 
age,  when  the  calm  lights  of  his-  vate  and  hypocritical  in  public 
tory  have  served  only  to  heighten  life,  the  world  would  be  puzzled 
the  purity  and  splendor  of  his  to  decide  whether  he  was  an  apos- 
fame,  it  would  not  be  believed,  but  tate  or  an  impostor,  —  whether  he 
for  the  existence  of  the  dark  rec-  had  abandoned  good  principles,  or 
ord,  that  a  sacrilegious  license  had  ever  had  any." 


CHAPTEK    XIX. 

Occupations  of  Mr.  Madison  during  Recess  of  the  Legislature  — 
Able  Letter  to  Mr.  Jefferson  on  Right  to  Navigation  of  the  Mis 
sissippi  —  Sets  out  on  a  Tour  to  the  North  —  Meets  with  the  Mar 
quis  Lafayette  —  Accompanies  him  to  an  Indian  Treaty  in  the 
Western  Part  of  New  York — Incidents  at  the  Treaty — Impres 
sions  of  Lafayette's  Character — Reassembling  of  the  Legislature  — 
Mr.  Madison  made  Chairman  of  Committee  of  Courts  of  Justice  — 
Reports  Plan  for  establishing  Courts  of  Assize — Advocates  suc 
cessfully  the  Enactment  of  a  Law  by  Virginia  to  repress  and 
punish  Enterprises  of  her  Citizens  against  Nations  with  which  the 
United  States  are  at  Peace  —  This  Act  the  first  Example  of  Amer 
ican  Legislation  to  punish  those  Offences  against  the  Law  of  Na 
tions  now  known  under  the  Name  of  Filibustering  —  Renewed 
Effort  for  the  Execution  of  the  Treaty  of  Peace  respecting  British 
Debts  —  Proposition  made  by  Mr.  Madison  at  the  late  Session 
again  brought  forward  —  Improved  Sentiments  of  the  Legislature 
with  Regard  to  it  —  Finally  lost  by  a  singular  Accident  —  General 
Assessment  for  Support  of  Teachers  of  the  Christian  Religion  again 
proposed  —  Warmly  sustained  by  Mr.  Henry  and  other  distin 
guished  Members  —  Mr.  Madison  firmly,  and  almost  singly  in  De 
bate,  opposes  it — Outline  of  his  powerful  Argument,  as  collected 
from  a  Fragment  among  his  Papers  —  Progress  of  the  Measure  in 
the  House  —  Bill  for  incorporating  the  Episcopal  Church  —  Ques 
tion  of  Assessment,  by  the  persevering  Opposition  of  Mr.  Madi 
son  and  his  Auxiliaries,  postponed  to  the  next  Session  of  the 
Legislature,  and  in  the  mean  Time  referred  to  the  People  for  an 
Expression  of  their  Sense  upon  it. 


PATRIOTIC  PURSUITS   OF  MR.  MADISON.      577 

MR.  MADISON,  on  his  release  from  his  legisla 
tive  duties  at  Richmond,  did  not  give  himself  up 
to  vacancy  and  inaction.  A  mind  so  long  con 
versant  with  the  great  questions  and  mighty  in 
terests  affecting  the  future  destinies  of  the  nation 
naturally  recurred  to  them  in  a  retirement  which 
afforded  leisure  for  contemplating  them  in  all 
their  various  relations,  and  in  the  new  and  im 
portant  directions  they  might  take  on  the  return 
of  peace. 

Among  the  questions  on  which  the  future 
growth  and  prosperity  of  the  American  empire 
essentially  depended,  and  which  the  war  had  left 
undecided,  was  that  of  the  free  navigation  to  the 
ocean  of  the  noble  river  placed  by  nature  on 
our  Western  borders,  as  the  outlet  of  their  teem 
ing  productions.  The  obstinacy  and  infatuation 
of  the  power  which  possessed  its  mouth  still 
sought  to  withhold  this  boon  of  Providence  from 
the  equal  participation  of  the  citizens  of  the 
United  States.  We  have  seen  the  early  and  sa 
gacious  interest  shown  by  Mr.  Madison  in  this 
important  subject.  His  solicitude  respecting  it 
increased  as  the  time  approached  wrhen  it  must 
receive  a  definitive  solution. 

An  efficacious  influence,  he  thought,  was  to  be 
exerted  by  the  other  powers  of  Europe,  and 
especially  by  France,  on  the  narrow  and  bigoted 
councils  of  Spain,  with  regard  to  a  principle  of 
public  law  and  international  justice  which  more 
or  less  concerned  them  all.  His  friend  Mr.  Jef- 

VOL.  i.  49 


578  LIFE   AND   TIMES   OF  MADISON. 

ferson  was  now  one  of  the  ministers  of  the  United 
States  at  Paris,  and  in  a  position  to  enlist  the 
moral  influence,  if  not  the  formal  intervention, 
of  the  governments  of  Europe  on  the  side  of 
the  American  claim.  A  letter  which  Mr.  Mad 
ison  addressed  to  him  on  this  subject  from  his 
residence  in  Orange  county,  on  the  20th  of  Au 
gust,  1784,  though  proceeding  from  a  private 
and  unofficial  source,  deserves,  for  the  ability  of 
its  reasoning,  and  the  variety  and  extent  of  its 
knowledge  and  research,  to  be  ranked  among 
the  most  remarkable  diplomatic  papers  on  record. 
We  insert  a  single  extract  from  it,  as  exhibiting 
not  only  his  habitual  largeness  of  views,  but  a 
minute  and  familiar  acquaintance,  rarely  found 
among  the  public  men  of  the  present  day,  with 
the  policy  and  relations,  natural  and  conventional, 
of  the  various  powers  of  the  European  world. 

"Must  not,"  he  says,  "the  general  interest  of 
Europe,  in  all  cases,  influence  the  determination 
of  any  particular  nation  in  Europe  ?  and  does 
not  that  interest,  in  the  present  case,  clearly  lie 
on  our  side  ?  All  the  principal  powers  have,  in 
a  general  view,  more  to  gain  than  to  lose  by 
denying  the  right  of  those  who  hold  the  mouths 
of  rivers  to  intercept  a  communication  with  those 
above.  France,  Great  Britain,  and  Sweden  have 
no  opportunity  of  exerting  such  a  right,  and 
must  wish  a  free  passage  for  their  merchandise 
in  every  country.  Spain  herself  has  no  such  op 
portunity,  and  has,  besides,  three  of  her  principal 


LETTER  ON  FREEDOM   OF  MISSISSIPPI.        579 

rivers  —  one  of  them  the  seat  of  her  metropolis 
—  running  through  Portugal.  Russia  can  have 
nothing  to  lose  by  denying  this  pretension,  and 
is  bound  to  do  so  in  favor  of  her  great  rivers, 
the  Dnieper,  the  Dniester,  and  the  Don,  which 
mouth  in  the  Black  Sea,  and  of  the  passage 
through  the  Dardanelles,  which  she  extorted  from 
the  Turks.  The  emperor,  in  common  with  the 
inland  States  of  Germany,  and,  moreover,  by  his 
possessions  on  the  Maese  and  the  Scheldt,  has  a 
similar  interest.  The  possessions  of  the  king  of 
Prussia  on  the  Rhine,  the  Elbe,  and  the  Oder 
are  pledges  for  his  orthodoxy. 

"The  United  Provinces  hold,  it  is  true,  the 
mouths  of  the  Maese,  the  Rhine,  and  the  Scheldt ; 
but  a  general  freedom  of  trade  is  so  much  their 
policy,  and  they  now  carry  on  so  much  of  it  by 
the  channel  of  rivers  floAving  through  different 
dominions,  that  their  weight  can  hardly  be  thrown 
into  the  wrong  scale.  The  only  powers  that  can 
have  an  interest  in  opposing  the  American  doc 
trine  are  the  Ottoman,  which  has  already  given 
up  the  point  to  Russia  ;  Denmark,  which  is  suf 
fered  to  retain  the  entrance  of  the  Baltic  ;  Por 
tugal,  whose  principal  rivers  head  in  Spain ; 
Venice,  which  holds  the  mouth  of  the  Po  ;  and 
Dantzic,  which  commands  that  of  the  Vistula, 
if  it  is  yet  to  be  considered  as  a  sovereign  city. 
The  prevailing  disposition  of  Europe  on  this  point 
once  frustrated  an  attempt  of  Denmark  to  ex 
act  a  toll  at  the  mouth  of  the  Elbe,  by  means 


580  LIFE   AND   TIMES   OF  MADISON. 

of  a  fort  on  the  Holstein   side  which  commands 

it." 

After  two  months  of  close  application  to  his 
hooks  in  the  seclusion  of  the  country,  Mr.  Mad 
ison  determined  to  devote  the  remainder  of  the 
legislative  vacation  to  acquiring,  by  personal  ob 
servation,  a  more  extended  knowledge  of  the 
different  States  of  the  confederacy.  He  had  not 
yet  been  in  the  Eastern  States,  and  he  set  out 
from  home  with  the  intention  of  making  a  tour 
of  that  portion  of  the  Union.  In  Baltimore  he 
met  with  the  Marquis  Lafayette,  who,  after  an 
absence  of  two  years  from  America,  had  returned 
to  visit  his  friends  and  companions  in  arms  and 
council,  and  to  rejoice  with  them  in  the  consum 
mation  of  national  independence,  and  in  the 
opening  prospects  of  the  great  empire  he  had  as 
sisted  to  found.  The  Marquis  had  already  spent 
some  time  with  his  venerated  chief  at  Mount 
Vernon,  and  was  now  on  his  way  to  visit  his 
friends  in  the  Middle  and  Eastern  States,  in 
tending  to  rejoin  General  Washington  in  the 
capital  of  Virginia  after  the  reassembling  of  the 
legislature. 

Mr.  Madison  felt  the  highest  satisfaction  in 
meeting  with  this  generous  champion  of  Ameri 
can  freedom,  whom  he  had  known  and  appre 
ciated  during  the  trying  scenes  of  the  war,  and 
at  once  formed  the  plan  of  bearing  him  company 
in  the  tour  which  they  equally  had  in  view. 
Lafayette  had  been  invited  to  attend  a  treaty  to 


ACCOMPANIES  LAFAYETTE  IN  A  TOUR.   581 

be  held  with  the  Indians  at  Fort  Schuyler  in 
the  following  month.  The  traditional  influence 
of  his  nation,  as  well  as  his  own  personal  popu 
larity  with  these  rude  children  of  the  forest, 
would,  it  was  thought,  enable  him  to  serve  the 
interests  of  the  United  States  essentially  in  the 
approaching  conferem^  Mr.  Madison,  on  his  ar 
rival  at  New  York,  finding  that  he  should  not 
have  time  to  accomplish  his  Eastern  tour  satis 
factorily,  decided  to  defer  it  to  a  future  and 
more  favorable  period,  and  to  proceed  directly 
with  Lafayette  to  Fort  Schuyler. 

His  change  of  plan,  and  the  attendant  circum 
stances,  he  thus  describes  in  a  letter  of  the  15th 
of  September,  1784,  to  Mr.  Jefferson:  — 

"The  information  I  have  here  received  con 
vinces  me  that  I  cannot  accomplish  the  whole 
route  I  had  planned  within  the  time  to  which  I 
am  limited,  nor  go  from  this  to  Boston  in  the 
mode  which  I  had  reckoned  upon.  I  shall  there 
fore  decline  this  part  of  my  plan,  at  least  for 
the  present,  and  content  myself  with  a  trip  to 
Fort  Schuyler,  in  which  I  shall  gratify  my  curi 
osity  in  several  respects,  and  have  the  pleasure 
of  the  Marquis's  company.  We  shall  set  off  this 
afternoon  in  a  barge  up  the  North  Eiver.  The 
Marquis  has  received  in  this  city  a  continuation 
of  those  marks  of  cordial  esteem  and  affection 
which  were  hinted  in  my  last.  The  gazettes 
herewith  enclosed  will  give  you  samples  of  them. 
Besides  the  personal  homage  he  receives,  his 

49* 


582  LIFE   AND  TIMES   OF  MADISON. 

presence  has  furnished  occasion  for  fresh  manifes 
tations  of  those  sentiments  towards  France  which 
have  been  so  well  merited  by  her,  but  which 
her  enemies  pretended  would  soon  give  way  to 
returning  affection  for  Great  Britain." 

The  commissioners  of  the  United  States,  ap 
pointed  to  hold  the  treaty  with  the  Indians,  were 
Mr.  Oliver  Wolcott,  Mr.  Arthur  Lee,  and  Mr.  Rich 
ard  Butler.  The  two  travellers  arrived  in  advance 
of  the  commissioners  at  Fort  Schuyler,  and  availed 
themselves  of  the  leisure  thus  gained  to  make  a 
visit  to  the  nation  of  Oneidas,  in  their  town 
twenty  miles  beyond  the  fort.  The  appearance 
of  Lafayette  produced  the  same  outburst  of  en 
thusiasm  among  the  red  men  of  America  — 
to  whom  he  was  known  under  the  familiar 
name  of  Kayewla  —  that  it  had  given  rise  to 
among  his  brethren  of  European  origin.  At  the 
request  of  the  commissioners,  —  though  not  with 
out  some  demurring  from  the  anti-Gallican  jeal 
ousies  of  Dr.  Lee,  —  he  'made  a  public  address 
to  the  different  nations,  when  they  were  assem 
bled  in  council. 

The  words  of  Kayewla  were  listened  to  with 
profound  sympathy  and  respect ;  and  several  of 
the  chiefs,  in  responding  to  him,  as  they  did  with 
unbounded  effusions  of  confidence  and  affection, 
promised  to  follow  his  counsels,  and  live  in  peace 
and  brotherhood  with  the  United  States.  Lafay 
ette  left  this  primeval  congress  with  feelings  grat 
ified  at  the  simple  and  untutored  homage  he  had 


INTERCOURSE  WITH  LAFAYETTE.  583 

received,  as  well  as  at  the  new  opportunity  which 
had  been  afforded  him  of  evincing  his  zeal  for 
the  interests  of  America.1  Mr.  Madison  parted 
with  him  at  Albany,  on  their  return,  the  Mar 
quis  proceeding  to  Boston  to  visit  his  friends  in 
New  England,  while  Mr.  Madison  pursued  his 
way  through  New  York  and  Philadelphia  to 
attend  the  meeting  of  the  legislature  of  Virginia, 
which  was  to  take  place  in  a  few  days  at  Kich- 
mond. 

The  free  and  unreserved  intercourse  with  Gen 
eral  Lafayette,  on  this  excursion,  presented  an 
occasion  for  impressing  upon  his  mind  the  vital 
importance  of  the  navigation  of  the  Mississippi 
to  the  interests  of  the  United  States,  and  the 
necessity  of  an  earnest  mediation  of  France  with 
Spain  on  the  subject,  which  one  so  thoughtful  of 
the  public  welfare  as  Mr.  Madison  was  not  likely 
to  leave  unimproved.  In  writing  to  Mr.  Jeffer 
son,  immediately  after  he  fell  in  with  Lafayette 
at  Baltimore,  he  says  :  — 

"The  relation  in  which  the  Marquis  stands  to 
France  and  America  has  induced  me  to  enter 
into  a  free  conversation  with  him  on  the  subject 
of  the  Mississippi.  I  have  endeavoured  emphati 
cally  to  impress  on  him  that  the  ideas  of  Amer 
ica  and  of  Spain  irreconcilably  clash ;  that,  unless 
the  mediation  of  France  be  effectually  exerted, 

i  See  an  interesting  account  of  98-104,  and  in  a  letter  of  Mr.  Mad- 
the  occurrences  at  this  treaty  in  ison  to  Mr.  Jefferson  of  the  17th 
Menioiresde  Lafayette,  vol.  n.  pp.  of  October,  1784. 


584  LIFE  AND  TIMES   OF  MADISON. 

an  actual  rupture  is  near  at  hand ;  that,  in  such 
an  event,  the  connection  between  France  and 
Spain  will  give  the  enemies  of  the  former  in 
America  the  fairest  opportunity  of  involving  her 
in  our  resentments  against  the  latter,  and  of  in 
troducing  Great  Britain  as  a  party  with  us  against 
both;  that  America  cannot  possibly  be  diverted 
from  her  object,  and  therefore  France  is  bound 
to  set  every  engine  at  work  to  divert  Spain  from 
hers ;  and  that  France  has,  besides,  a  great 
interest  in  a  trade  with  the  Western  country 
through  the  Mississippi." 

These  representations  produced  their  natural 
and  proper  effect  upon  Lafayette.  He  recognized 
their « justice  and  felt  their  force,  and  said  he 
would  write  by  the  next  packet  to  the  Count  de 
Vergennes  on  the  subject.  He  was  not  unmind 
ful  of  his  word ;  and  amid  all  the  bustle  and  ex 
citement  of  the  enthusiastic  reception  he  met 
with  in  New  York,  as  in  the  other  cities  through 
which  he  passed,  he  found  time  to  write  a  very 
pregnant,  though  brief  letter  to  the  French  min 
ister  of  foreign  affairs  on  this  critical  and  impor 
tant  question.1 

The  reader  will  be  curious  to  know  what  im 
pressions  Mr.  Madison  formed,  from  a  close  and 
daily  personal  intercourse  of  a  month's  duration, 
with  regard  to  the  character  of  this  remarkable 
man,  who  played  so  prominent  a  part  in  the 
affairs  of  Europe  and  America,  and  concerning 

1  See  the  letter  in  Memoires  de  Lafayette,  vol.  u.  pp.  107,  108. 


IMPRESSIONS   OF  HIS   CHARACTER.  585 

whom  so  great  a  diversity  of  opinion  has  pre 
vailed.  In  a  confidential  letter  of  the  17th  of 
October,  1784,  to  Mr.  Jefferson,  he  thus  speaks 
of  him  :  — 

"The  time  I  have  lately  passed  with  the  Mar 
quis  has  given  me  a  pretty  thorough  insight  into 
his  character.  With  great  natural  frankness  of 
temper  he  unites  much  address,  and  very  con 
siderable  talents.  In  his  politics,  he  says  his 
three  hobby-horses  are  the  alliance  between 
France  and  the  United  States,  the  union  of  the 
latter,  and  the  manumission  of  the  slaves.  The 
two  former  are  the  dearer  to  him,  as  they  are 
connected  with  his  personal  glory." 

In  another  letter  to  Mr.  Jefferson,  written  some 
months  later,  (the  20th  of  August,  1785,)  we 
meet  with  this  further  sketch:  — 

"Subsequent  to  the  date  of  mine  in  which  I 
gave  my  idea  of  Lafayette,  I  had  other  opportu 
nities  of  penetrating  his  character.  Though  his 
foibles  did  not  disappear,  all  the  favorable  traits 
presented  themselves  in  a  stronger  light,  on  closer 
inspection.  He  certainly  possesses  talents  which 
might  figure  in  any  line.  If  he  is  ambitious,  it 
is  rather  of  the  praise  which  virtue  dedicates  to 
merit  than  of  the  homage  which  fear  renders  to 
power.  His  disposition  is  naturally  warm  and 
affectionate,  and  his  attachment  to  the  United 
States  unquestionable.  Unless  I  am  grossly  de 
ceived,  you  will  find  his  zeal  sincere  and  useful, 
whenever  it  can  be  employed  on  behalf  of  the 


586 


LIFE  AND   TIMES   OF  MADISON. 


United  States  without  opposition  to  the  essential 
interests  of  France." 1 


l  The  foibles  of  Lafayette  here 
referred  to  were,  doubtless,  those 
which  sprang  from  what  Mr.  Jef 
ferson  denominated  in  him  "  a  ca 
nine  appetite  for  popularity  and 
fame,"  (see  Jefferson's  Writings, 
vol.  II.  p.  89,)  and  what  his  distin 
guished  countryman,  Guizot,  has 
more  recently  called  "un  besoin 
permanent  et  indistinct  de  faveur 
populaire,"  but  which  Mr.  Madison 
more  gently  describes  as  an  am 
bition  of  praise.  The  love  of 
popularity  was,  unquestionably,  a 
prominent  trait  in  the  character 
of  Lafayette,  and  led  him  some 
times  into  weakness  and  error. 
He  himself,  on  a  memorable  occa 
sion,  spoke  of  his  popularity  as 
dearer  to  him  than  life ;  but  de 
clared,  at  the  same  time,  he  would 
sacrifice  both  rather  than  fail  in  a 
duty  and  connive  at  a  crime,  and 
that  he  was  persuaded  no  end  could 
ever  justify  the  employment  of 
means  which  public  or  private  mo 
rality  disowned.  The  passage  is  so 
honorable  to  Lafayette,  that  it  de 
serves  to  be  cited  in  his  own  felicit 
ous  language.  It  was  part  of  a 
general  order  issued  by  him  as 
commandant  en  chef  of  the  na 
tional  guards  in  1830,  when  the 
lives  of  the  ex-ministers  at  the 
Luxembourg  were  threatened  by 
an  excited  populace,  and  was  in 
these  words :  — 

"  C'est  ainsi  que  toujours  ils  le 
trouveront  ce  qu'il  fut  k  dix-neuf 
ans,  ce  qu'il  a  ete  en  1789  et  1830, 


ce  qu'il  sera  pendant  le  peu  d'an- 
nees  qui  lui  restent  a  vivre, — 
Fhomaie  de  la  liber te  et  de  1'ordre 
public,  aimant  sa  popularite  beau- 
coup  plus  que  la  vie,  mais  decide 
a  sacrifier  1'une  et  1'autre  plutot 
que  de  manquer  a  un  devoir  et 
de  souffrir  un  crime,  et  persuade 
qu'aucun  but  ne  justifie  les  moyens 
que  la  morale  publique  ou  privee 
desavoue."  Ordre  du  jour  du  19 
Decembre,  1830. 

That  love  of  the  Union,  in  his 
system  of  American  politics,  which 
he  spoke  of  in  1784  to  Mr.  Madi 
son  as  one  of  the  three  cardinal 
principles  of  his  cherished  political 
creed,  grew  stronger  and  stronger 
in  him  as  he  advanced  in  years. 
It  is  so  touchingly  and  eloquently 
expressed  in  a  letter  he  addressed 
» to  the  writer  of  these  pages  in  the 
autumn  of  1832,  when  the  Union 
seemed  to  be  threatened  by  the 
new  theory  of  nullification,  that  we 
cannot  forbear  to  give  a  brief  ex 
tract  from  it  to  the  reader :  — 

"  For  God's  sake,  my  dear  srr, 
tell  our  friends  and  fellow-citizens 
of  every  party,  particularly  those 
in  public  stations,  that,  in  this  crit 
ical  situation  of  European  politics, 
every  speech  or  measure  which 
threatens  collision,  separation,  dis 
orders,  further  than  what  is  the 
appendage  of  republican  debate  in 
a  free  country,  is  eagerly  made  an 
argument  against  the  diffusion  of 
popular  principles  throughout  this 
European  part  of  the  world  ;  and 


REASSEMBLING   OF  THE  LEGISLATURE.        587 

Mr.  Madison  did  not  arrive  in  Kichmond  until 
a  fortnight  after  the  period  fixed  for  the  meet 
ing  of  the  legislature,  but  in  time  for  the  com 
mencement  of  business,  as  a  quorum  of  the  House 
was  formed  only  the  day  before  he  took  his  seat. 
He  was  again  put  upon  all  the  leading  commit 
tees,  and  was  now  made  chairman  of  the  commit 
tee  for  courts  of  justice.  As  this  is  a  position 
almost  invariably  assigned  to  a  professional  law 
yer  of  reputation  and  experience,  the  appoint 
ment  was  a  very  marked  compliment  to  the 
knowledge  and  attainments  of  Mr.  Madison  in  a 
science  he  never  professed,  and  to  which  he  had 
but  lately  turned  his  attention  as  a  necessary 
accomplishment  of  the  legislator  and  statesman. 

He  took  an  active  and  leading  part  during 
the  session  in  several  questions  which  demanded 
an  acquaintance  with  both  positive  and  theoret 
ical  jurisprudence.  In  the  general  revision  of 
the  laws,  for  which  he  had  taken  the  prelimi 
nary  step  at  the  last  session  of  the  legislature, 
he  was  not  able  to  make  any  systematic  ad 
vance,  as  the  report  of  the  revisors  was  not 
printed  till  near  the  close  of  the  present  session. 
Increased  facilities,  however,  in  the  administra 
tion  of  justice  being  urgently  required,  in  conse 
quence  of  the  immense  accumulation  of  business 
and  consequent  delays  in  the  general  court, — 

supposing  a  separation  of  the  Un-  fought  and  bled  in  the  revolution- 
ion,  which  God  forbid,  was  in  fu-  ary  war  has  breathed  his  ultimate 
turity  to  take  place,  do  wait  at  least  sigh."  Manuscript  letter  of  the 
until  the  last  of  those  who  have  25th  of  September,  1832. 


588  LIFE  AND  TIMES   OF  MADISON. 

the  great  fountain  of  justice  for  the  whole  State, 
—  a  resolution  was  adopted,  declaring  that,  "for 
the  more  convenient  administration  of  justice 
throughout  the  Commonwealth,  circuit  courts 
ought  to  be  established."  A  bill  was  ordered  to  be 
brought  in,  pursuant  to  this  resolution;  and  Mr. 
Madison  was  placed  at  the  head  of  a  select  com 
mittee,  consisting  of  the  ablest  professional  mem 
bers  of  the  House,  to  prepare  and  bring  it  in.1 

The    plan    reported    proposed    to   lay   off  the 
State  into  a  certain  number  of    convenient  dis 
tricts  or   circuits,  in   each  of  which  a    court  of 
assize  was  to  be  held  twice  a  year,  at  which  all 
issues  and  inquiries  of  damages,  in  suits  depend 
ing  before  the  general  court,  were   to  be    tried 
by  juries  duly  empannelled  in  those  courts.     The 
courts    of  assize  were    to   be    severally  held  by 
two  judges  of  the  court  of  appeals,  which  tribu 
nal  consisted  at  that  time  of  the  judges  of  all 
the  higher  courts  united  into  one  for  the    pur 
pose  of  deciding  appeals,  and  was  thus  composed 
of  the   three  judges  of  the   high   court  of  chan 
cery,  the  three  of  the  court  of  admiralty,  and  the 
five  of  the  general  court.     The  judges  were  to 
be  assigned,  by  an  order  of  the  court  of  appeals 
made  from  time  to  time,  among  the  different  cir 
cuits,  for  the  purpose  of  holding  the  assize  courts, 
whose  proceedings,  with  the  verdicts  found,  were 
to  be  certified  into  the  general  court,  where  final 
judgment  was  to  be  entered. 

l  Journal  of  House  of  Delegates,  October  session,  1784,  p.  43. 


BILL   ESTABLISHING  COURTS   OF  ASSIZE.     589 

The  plan  was  borrowed,  with  slight  modifica 
tions,  from  that  of  the  Nisi  Prim  courts  in  Eng 
land,  and  promised  to  relieve  the  general  court 
from  the  delays  and  inconveniences  incident  to 
the  trial  of  all  issues  at  its  own  bar,  and  thereby 
to  render  the  administration  of  justice  through 
out  the  Commonwealth  more  expeditious  and 
commodious,  while  insuring  greater  uniformity 
and  the  highest  attainable  grade  of  judicial  wis 
dom  in  the  decisions  of  the  different  courts. 
There  was  a  numerous  class  of  persons  to  whom 
no  measure,  contemplating  the  removal  of  delays 
in  the  administration  of  justice  at  that  time,  was 
likely  to  be  acceptable.  The  bill  reported  by 
the  committee  was,  therefore,  not  received  with 
any  special  warmth  of  approbation,  though  it 
finally  passed  both  Houses  without  any  overt  re 
sistance.  Mr.  Madison,  in  a  letter  of  the  9th  of 
January,  1785,  gives  the  following  account  of  its 
reception  and  progress  :  — 

"This  act  was  carried  through  the  House  of 
Delegates  against  much  secret  repugnance,  but 
without  any  direct  and  open  opposition.  It  luck 
ily  happened  that  the  latent  opposition  wanted 
both  a  mouth  and  a  head.  Mr.  Henry  had  been 
previously  elected  governor,  and  was  gone  for 
his  family.  From  his  conversation  since,  I  sur 
mise  that  his  presence  might  have  been  fatal. 
The  act  is  formed  precisely  on  the  English  pat 
tern,  and  is  nearly  a  transcript  from  the  bill 
originally  penned  in  1776  by  Mr.  Pendleton,  ex- 
VOL.  i.  50 


590  LIFE   AND   TIMES   OF  MADISON. 

cept  that  writs  sent  blank  from  the  clerk  of  the 
general  court  are  to  issue  in  the  district,  but  be 
returned  to  the  general  court.  In  the  Senate,  it 
became  a  consideration  whether  the  assize  courts 
ought  not  to  be  turned  into  so  many  courts  of 
independent  and  complete  jurisdiction,  and  ad 
mitting  an  appeal  only  to  the  court  of  appeals. 
If  the  fear  of  endangering  the  bill  had  not 
checked  the  experiment,  such  a  proposition  would 
probably  have  been  sent  down  to  the  House  of 
Delegates,  where  it  would  have  been  better  rel 
ished  by  many  than  the  assize  plan." 

There  was  another  measure,  of  a  somewhat 
novel,  but  highly  important  character,  connected 
with  the  enforcement  of  justice  in  the  exterior 
relations  of  the  State,  in  which  Mr.  Madison  took 
a  very  earnest  and  influential  part.  The  pend 
ing  discussions  with  Spain,  respecting  the  naviga 
tion  of  the  Mississippi,  disposed  many  of  the  set 
tlers  in  the  western  parts  of  Virginia,  which  then 
included  Kentucky,  to  commit  trespasses  and 
acts  of  violence  within  the  limits  of  the  adjacent 
Spanish  possessions.  These  proceedings  were  cal 
culated  not  only  to  compromise  the  peace  and 
tranquillity  of  the  country,  but  to  retard  and  ren 
der  more  doubtful  the  ultimate  adjustment  of  the 
great  national  question  at  issue. 

The  legislature,  immediately  after  its  assem 
bling,  took  a  very  wise  and  statesmanlike  course 
to  avert  the  threatened  danger.  On  the  third 
day  of  the  session,  the  House  of  Delegates  passed 


ACT  PUNISHING  UNLAWFUL  ENTERPRISES.    591 

a  resolution  to  the  following  effect :  "  That,  for 
preserving  the  tranquillity  of  our  western  inhab 
itants,  speedy  and  exemplary  punishment  ought 
to  be  inflicted  on  every  person  doing  injury  to 
the  subjects  of  Spain  or  the  Indians  in  that  quar 
ter,  and  that  proper  laws  for  that  purpose  ought 
to  be  enacted."  This  resolution  they  accompa 
nied  with  another,  declaring  that  "it  is  essential 
to  the  prosperity  and  happiness  of  the  western 
inhabitants  of  this  Commonwealth  that  they  should 
enjoy  the  right  of  navigating  the  river  Missis 
sippi  to  the  sea,"  and  instructing  the  delegates 
of  the  State  in  Congress  "to  move  that  honor 
able  body  to  give  directions  (unless  the  same 
have  been  already  given)  to  the  American  min 
isters  in  Europe  to  forward  negotiations  to  obtain 
that  end  without  loss  of  time."  1 

A  committee  was  appointed,  consisting  of  Mr. 
Matthews, — who  had  been  chairman  of  the  com 
mittee  of  the  whole,  in  which  these  resolutions 
were  agreed  upon, — of  Mr.  Madison,  Mr.  Henry, 
Mr.  Stuart,  Mr.  Corbin,  Mr.  Barbour,  and  Mr. 
Johnson,  to  prepare  and  bring  in  a  bill  in  pursu 
ance  of  the  firstrmentioned  resolution.  The  bill, 
in  the  shape  which  it  finally  assumed,  —  after 
setting  forth,  in  a  well-conceived  preamble,  that 
"  it  is  the  desire  of  the  good  people  of  this  Com 
monwealth,  in  all  cases,  to  manifest  their  rever 
ence  for  the  law  of  nations,  to  cultivate  peace 
and  amity,  as  far  as  may  depend  on  them,  be- 

1  Journal  of  House  of  Delegates,  October  session,  1 784,  p.  9. 


592  LIFE  AND   TIMES   OF  MADISON. 

tween  the  United  States  and  foreign  powers,  and 
to  support  the  dignity  and  energy  of  the  fed 
eral  constitution,"  -  -  directs  that  if  a  citizen  or 
an  inhabitant  of  Virginia  shall  commit,  within 
the  jurisdiction  of  a  foreign  power  at  peace  with 
the  United  States,  any  crime  for  which,  by  the 
law  of  nations  or  by  treaty  stipulations,  he  ought, 
in  the  judgment  of  Congress,  to  be  surrendered 
to  the  offended  power,  such  person,  upon  the 
demand  of  the  said  power,  duly  sanctioned  and 
notified  by  Congress,  shall  be  delivered  to  the 
custody  of  such  agent  as  Congress  may  approve, 
in  order  to  be  tried  and  punished  where  the 
alleged  offence  was  committed. 

The  bill  also  contained  provisions  for  punish 
ing,  in  the  courts  of  the  State,  offences  commit 
ted  by  citizens  of  Virginia  against  the  laws  and 
within  the  jurisdiction  of  a  foreign  power,  "  in  like 
manner  as  if  they  had  been  committed  within 
the  body  of  some  county  of  the  Commonwealth  " ; 
and  these  provisions  were  extended  to  offences 
committed  in  the  territory  of  any  Indian  tribe, 
equally  with  such  as  should  be  perpetrated 
within  the  limits  of  a  Christian  or  civilized  nation. 
The  measure  —  suggested  and  proposed  by  Mr. 
Madison — was  vehemently  opposed  in  every  stage 
of  its  progress.  It  was  assailed,  particularly,  as 
violating  the  eighth  article  of  the  Virginia  Bill  of 
Eights,  which  guarantees  to  the  accused,  in  crim 
inal  prosecutions,  a  trial  by  an  impartial  jury  of 
the  vicinage,  and  declares  that  no  man  shall  be 


ACT  PUNISHING  UNLAWFUL  ENTERPRISES.   593 

deprived  of  his  liberty  but  by  the  law  of  the 
land  or  the  judgment  of  his  peers.  At  one  time, 
amendments  were  made  to  it  in  committee  of 
the  whole  which  destroyed  its  principle ;  but, 
upon  the  renewal  of  the  struggle  in  the  House, 
those  amendments  were  defeated,  and  the  bill 
was  finally  carried  by  a  majority  of  a  single 
vote.1 

Mr.  Henry,  while  he  remained  in  the  House, 
warmly  seconded  Mr.  Madison  in  the  advocacy 
of  this  noble  measure;  but,  having  been  elected 
governor,  he  left  the  House  before  the  decisive 
battle  was  fought  upon  it.  There  is  not  to  be 
found  upon  the  statute-book  of  any  civilized 
State  a  more  honorable  recognition  of  the  prin 
ciples  of  international  justice  and  integrity,  or  a 
more  emphatic  denunciation  and  rebuke  of  those 
lawless  enterprises  which  in  modern  times,  under 
the  name  of  filibustering*  have  revived  the  license 
of  a  barbarous  age,  than  this  model  act  of  the 
legislature  of  Virginia.  We  leave  the  further  his 
tory  and  defence  of  it  to  the  eloquent  pen  of  Mr. 

1  See  Journal  of  House  of  Del-  and  which  was  itself,  probably,  de- 

egates,  pp.  41,  42,  and  Letter  of  rived  from  the  name  of  the  species 

Mr.  Madison  to  Mr.  Monroe  of  the  of  light  vessel,  fly-boat,  used   by 

27th  of  November,  1784.     For  the  the  buccaneers  in  their  encounters 

act,  see  Hen.  Stat.  vol.  xi.  pp.  471,  with  the   larger    Spanish   vessels. 

472.  For  an  interesting  account  of  the 

*  This  uncouth  Americanism  is,  French    adventurers,   with   whom 

doubtless,    derived    through     the  the   life  of  buccaneering  had   its 

Spanish  from  the  French  word  fli-  origin,  and  of  the  maritime  equip- 

bustier,  by  which  the  French  and  ments  and  mode  of  attack  of  the 

English  buccaneers  of  the  seven-  buccaneers,    see    Abbd    Raynal's 

teenth   century   were   designated,  History  of  the  Indies,  Book  x. 
50* 


594  LIFE   AND   TIMES   OF  MADISON. 

Madison,  who,  in  his  letter  of  the  9th  of  Jan 
uary,  1785,  to  Mr.  Jefferson,  thus  speaks  of  it :  — 

"This  measure  was  suggested  by  the  danger 
of  our  being  speedily  embroiled  with  the  nations 
contiguous  to  the  United  States, —  particularly  the 
Spaniards,  —  by  the  licentious  and  predatory  spirit 
of  some  of  our  western  people.  In  several  in 
stances,  gross  outrages  are  said  to  have  been 
already  committed.  The  measure  was  warmly 
patronized  by  Mr.  Henry  and  most  of  the  foren 
sic  members,  and  no  less  warmly  opposed  by  the 
speaker,  (Mr.  Tyler,)  and  some  others.  The  op 
ponents  contended  that  such  surrenders  were 
unknown  to  the  law  of  nations,  and  were  inter 
dicted  by  our  Bill  of  Eights.  Vattel,  however,  is 
express  as  to  the  case  of  robbers,  murderers,  and 
incendiaries.  Grotius  quotes  various  instances  in 
which  great  offenders  have  been  given  up  by 
their  proper  sovereigns  to  be  punished  by  the 
offended  sovereigns.  Puffendorf  only  refers  to 
Grotius.  I  have  had  no  opportunity  of  consult 
ing  other  authorities. 

"With  regard  to  the  Bill  of  Rights,  it  was  al 
leged  to  be  no  more,  or  rather  less,  violated  by 
considering  crimes  committed  against  other  laws 
as  not  falling  under  the  notice  of  our  own,  and 
sending  our  citizens  to  be  tried  where  the  cause 
of  trial  arose,  than  to  try  them  under  our  own 
laws  without  a  jury  of  the  vicinage,  and  without 
being  confronted  with  their  accusers  or  witnesses  ; 
as  must  be  the  case,  if  they  be  tried  at  all  for 


PROPOSITION  RESPECTING  BRITISH  DEBTS.    595 

such  offences  under  our  own  laws.  And  to  say 
that  such  offenders  should  neither  be  given  up 
for  punishment,  nor  be  punished  within  their  own 
country,  would  amount  to  a  license  for  every 
aggression,  and  would  sacrifice  the  peace  of  the 
whole  country  to  the  impunity  of  the  worst  mem 
bers  of  it.  The  necessity  of  a  qualified  interpre 
tation  of  the  Bill  of  Rights  was  also  inferred 
from  the  law  of  the  confederacy  which  requires 
the  surrender  of  our  citizens  to  the  laws  of  other 
States,  in  cases  of  treason,  felony,  and  other  high 
misdemeanours.  The  act  provides,  however,  for 
a  domestic  trial,  in  cases  where  a  surrender  may 
not  be  justified  or  insisted  upon,  and  in  cases  of 
aggressions  on  the  Indians." 

The  triumph  of  this  measure  of  peace  and 
justice  furnished  encouragement  for  another  effort 
to  provide  for  the  execution  of  the  fourth  article 
of  the  treaty  of  peace  with  England  by  the  re 
moval  of  all  existing  impediments  to  the  recov 
ery  of  British  debts.  The  resolutions  passed  at 
the  last  session  on  the  subject,  by  assuming  to 
the  legislature  of  a  State  the  right  of  determin 
ing  in  what  contingencies  a  treaty  solemnly  en 
tered  into  by  the  constitutional  authority  of  the 
Union  should  or  should  not  be  fulfilled,  had 
shocked  the  public  sense  of  propriety,  and  cre 
ated  no  small  uneasiness  in  the  minds  of  many 
reflecting  persons.  Among  the  evidences  of  this 
sober  sentiment  in  portions  of  the  constituent 
body  was  a  remarkable  petition  and  remon- 


596  LIFE  AND  TIMES   OF  MADISON. 

strance  presented  to  the  House  of  Delegates 
from  the  county  of  Amherst,  in  which  the  peti 
tioners  say  "  they  were  deeply  affected  by  certain 
resolutions  passed  at  the  last  Assembly,  which, 
they  conceive,  have  an  obvious  tendency  to  in 
troduce  anarchy  and  confusion  in  our  public 
councils,  and  to  subvert  the  basis  of  the  confed 
eration,  arrogating  to  this  State  the  power  of 
peace  and  war,  which  of  right  belongs  to  Con 
gress,  and  pray  that  the  said  resolutions  be  re 
scinded."  l 

The  opportunity  for  further  reflection  during 
the  recess,  and  the  exchange  of  ratifications  of 
the  treaty  of  peace  in  the  interim,  had  also 
produced  a  sensible  reaction  in  the  representa 
tive  body.  All  these  favorable  omens  conspired 
to  revive  the  hopes  of  those  who  stood  in  the 
minority  at  the  last  session,  vainly  urging  the 
elevated  policy  of  America's  setting  the  example 
of  a  stainless  public  faith  to  her  adversary.  The 
proposition  submitted  at  that  time  by  Mr.  Mad 
ison  was  now  brought  forward,  with  slight  mod 
ifications  of  detail,  by  his  friend  Mr.  Jones,  and 
was  acceded  to,  with  but  little  opposition,  in  the 
House. 

Resolutions  were  adopted,  declaring  that  good 
faith  required  that  the  stipulations  of  the  treaty 
of  peace  should  be  duly  executed  by  the  con 
tracting  parties,  and  that  the  impediments  to 
the  recovery  of  debts  due  to  British  subjects 

l  Journal  of  House  of  Delegates,  October  session,  1784,  p.  15. 


PROGRESS   OF  THE  PROPOSITION.  597 

from  citizens  of  the  Commonwealth  ought  to  be 
removed;  but  that,  as  the  calamities  and  devas 
tations  of  the  war  had  greatly  impaired  the  ability 
to  make  prompt  payments,  it  would  be  conducive 
to  the  interest  of  both  creditors  and  debtors  that 
the  balances  due  should  be  discharged  in  a 
course  of  divided  annual  payments.  The  progres 
sive  extinguishment  of  the  debts  in  seven  annual 
instalments,  with  the  suspension  of  interest  during 
the  interval  between  the  commencement  and  ter 
mination  of  hostilities,  was  agreed  upon  as  the 
plan  of  adjustment  most  equitable  and  proper; 
and  a  committee,  of  which  both  Mr.  Jones  and 
Mr.  Madison  were  members,  was  appointed  to 
prepare  a  bill  in  conformity  to  it.1 

The  bill  passed  readily  through  the  House  of 
Delegates,  but  encountered  difficulties  and  delays 
in  the  Senate.  An  important  amendment  was 
made  to  it  in  that  body,  which  the  House  dis 
agreed  to.  The  two  bodies  adhering  to  their  re 
spective  views,  a  conference  finally  took  place 
between  them,  which  terminated  in  a  compro 
mise.  What  ensued,  as  well  as  some  additional 
particulars  relating  to  the  introduction  and  prog 
ress  of  the  measure,  we  shall  learn  from  Mr. 
Madison's  letter  of  the  9th  of  January,  1785, 
written,  immediately  after  the  adjournment  of 
the  legislature,  to  Mr.  Jefferson. 

"The  subject  of  the  British  debts,"  he  says, 
"underwent  a  reconsideration,  on  the  motion  of 

*  Journal  of  House  of  Delegates,  October  session,  1784,  p.  48. 


598  LIFE   AND  TIMES   OF  MADISON. 

Mr.  Jones.  Though  no  answer  had  been  received 
from  Congress  to  ^the  resolutions  passed  at  the 
last  session,  a  material  change  had  evidently 
taken  place  in  the  mind  of  the  Assembly,  pro 
ceeding  in  part  from  a  more  dispassionate  view 
of  the  question,  —  in  part  from  the  intervening 
exchange  of  the  ratifications  of  the  treaty.  Mr. 
Henry  was  out  of  the  way.  His  previous  con 
versation,  I  am  told,  favored  a  reconsideration. 
The  speaker,  (Mr.  Tyler,)  the  other  champion  at 
the  last  session  against  the  treaty,  was,  at  least, 
half  a  proselyte." 

After  giving  an  account  of  the  resolutions 
adopted  and  of  the  bill  brought  in,  with  the  pro 
ceedings  upon  it  in  the  Senate,  and  the  subse 
quent  conference  between  the  two  Houses,  the 
letter  proceeds:  — 

"The  conference  produced  a  proposition  from 
the  House  of  Delegates,  to  which  the  Senate  as 
sented;  but,  before  the  assent  was  notified,  an 
incident  happened  which  has  left  the  bill  in  a 
very  critical  situation.  The  delays  attending  this 
measure  had  spun  it  out  to  the  day  preceding 
the  one  fixed  for  a  final  adjournment.  Several 
of  the  members  went  over  to  Manchester  [a 
village  on  the  opposite  side  of  the  river]  in  the 
evening,  with  an  intention,  it  is  to  be  presumed, 
of  returning  the  next  morning.  The  severity  of 
the  night  rendered  their  passage  back  the  next 
morning  impossible.  The  impatience  of  the  mem 
bers  was  such  as  might  be  supposed.  Some  were 


SINGULAR  FATE   OF  THE  MEASURE.          599 

for  stigmatizing  the  absentees,  and  adjourning. 
The  rest  were,  some  for  one  thing,  some  for 
another. 

"At  length,  it  was    agreed    to  wait  until  the 
next    day.     The    next   day    presented    the   same 
obstruction  in  the  river.     A  canoe  was  sent  over 
for  inquiry  by   the   Manchester  party;  but  they 
did  not  choose  to  venture  themselves.     The   im 
patience    increased ;  warm    resolutions  were   agi 
tated.     They  ended,  however,  in    an    agreement 
to  wait  one  day  more.     On  the  morning  of  the 
third  day  the  prospect  remained  the  same.     Pa 
tience  would  hold  out  no  longer ;  an  adjournment 
to  the  last  day  of  March"  (equivalent  to  an  ad 
journment   sine   die,  as  the   official    term   of  the 
legislature  then  expired)  "ensued.     The  question 
to  be  decided  is,  whether  a  bill  which  had  passed 
the  House  of  Delegates  and  been  assented  to  by 
the  Senate,  but  not  sent  down  to  the  House,  nor 
enrolled,  nor   examined,  nor  signed   by  the   two 
speakers,  and  consequently  not  of  record,  is  or  is 
not  a  law." 

The  lex  parliamentaria  was  as  inexorable  as  the 
unbridged  torrent;  and  thus  was  unfortunately 
still  left  open  a  question  which  continued  for 
years  to  be  a  source  of  bitter  waters  both  in 
the  foreign  and  domestic  politics  of  America. 

The  question  of  a  public  provision  for  the 
support  of  religion,  which  was  under  the  consid 
eration  of  the  legislature  at  its  last  session,  was 
renewed  at  an  early  period  of  the  present 


600  LIFE  AND  TIMES   OF  MADISON. 

It  was  brought  before  the  House  upon  a  peti 
tion  of  a  number  of  the  inhabitants  of  Isle  of 
Wight  County,  setting  forth  the  concern  they 
felt  at  seeing  the  countenance  of  the  civil  power 
wholly  withdrawn  from  the  support  of  religion, 
on  the  influence  of  which  the  happiness  and 
prosperity  of  the  country  so  essentially  depend, 
—  alleging  that  it  is  a  principle  as  old  as  society 
itself,  that  whatever  conduces  to  the  advantage 
of  all  should  be  borne  by  all,  and  praying, 
therefore,  that  an  act  be  passed  to  compel  every 
one  to  contribute  something,  in  proportion  to 
his  property,  for  the  support  of  religion.1 

This  petition  was  referred  to  the  committee 
of  the  whole  House  on  the  state  of  the  Com 
monwealth.  We  learn  from  Mr.  Madison's  corre 
spondence  that  Mr.  Henry  was  the  great  champion 
of  the  proposition.  In  a  few  days  the  committee 
reported  a  resolution,  drawn,  doubtless,  by  Mr. 
Henry,  declaring  that  "the  people  of  the  Com 
monwealth,  according  to  their  respective  abilities, 
ought  to  pay  a  moderate  tax  or  contribution  for 
the  support  of  the  Christian  religion,  or  of  some 
Christian  church,  denomination,  or  communion  of 
Christians,  or  of  some  form  of  Christian  worship." 
The  resolution  was  adopted  in  the  House  by  a 
vote  of  47  to  32,  and  a  special  committee,  of 
which  Mr.  Henry  was  chairman,  was  appointed 
to  bring  in  a  bill  in  pursuance  of  it.2 

1  Journal  of  House  of  Delegates,  October  session,  1784  D.  11 
a  Idem,  p.  19. 


ASSESSMENT  FOR  SUPPORT  OF  RELIGION.    601 

Petitions  continued  to  come  in  from  other 
counties,  urging  the  adoption  of  the  measure  by 
the  same  considerations  which  were  set  forth  in 
the  petition  from  Isle  of  Wight,  and  alleging,  in 
addition,  that  "  the  rapid  decline  of  religion  within 
a  few  years  past"  proceeded,  in  the  opinion  of 
the  petitioners,  from  the  want  of  some  general 
provision  by  the  legislature  for  its  support.1 
What  is  especially  remarkable  is,  that  in  a  me 
morial  presented  by  the  united  clergy  of  the 
Presbyterian  Church  —  a  body  which  had  hith 
erto  distinguished  itself  by  its  zeal  in  favor  of 
the  principle  of  unlimited  religious  freedom  —  an 
opinion  was  now  expressed,  as  cited  in  the  Jour 
nal  of  the  House  of  Delegates,  that  "  a  general 
assessment  for  the  support  of  religion  ought  to 
be  extended  to  those  who  profess  the  public 
worship  of  the  Deity."2  One  exception  only  is 
shown  by  the  Journal  to  the  current  of  popular 
opinion  which  reached  the  legislature  in  the  form 
of  petitions;  and  that  occurs  in  the  petition  of 
certain  inhabitants  of  the  county  of  Eockbridge, 
deprecating  "the  interference  of  the  legislature 
in  aid  of  religion,  as  unequal,  impolitic,  and  be 
yond  their  power."  3 

It  is,  perhaps,  not  to  be  wondered  at  that, 
among  a  people  accustomed  from  the  earliest 
times  to  see  religion  lean  for  support  on  the 

1  Journal  of  House  of  Delegates,  October  session,  1784,  p.  32. 

2  Idem,  p.  21. 

3  Idem,  p.  49. 

VOL.  I.  51 


602  LIFE  AND  TIMES  OF  MADISON. 

arm  of  secular  power,  an  apprehension  should 
have  been  felt  of  its  decline  upon  the  withdrawal 
of  that  support;  and  that,  under  these  circum 
stances,  many  enlightened  minds  did  not,  at  first, 
perceive  the  departure  from  fundamental  princi 
ples,  as  well  as  the  dangerous  precedent,  in  the 
measure  now  proposed.  Besides  Mr.  Henry,  who 
was  the  leading  advocate  and  champion  of  the 
measure,  it  is  known  that  General  Washington 
and  Richard  Henry  Lee 1  at  first  favored  it ;  and 
in  the  House  of  Delegates,  several  of  those  rising 
and  distinguished  men  who  were  the  intimate 
friends  of  Mr.  Madison,  and  almost  invariably 
acted  with  him  on  public  questions,  —  such  as 
Henry  Tazewell,  John  Marshall,  and  his  late  col 
league  in  Congress,  Mr.  Jones,  —  now  separated 
from  him  on  the  question  of  the  general  assess 
ment. 

It  is  an  honorable  proof  of  the  firmness  of  his 
character,  as  well  as  of  the  depth  of  his  views 
and  of  his  acquaintance  with  the  great  lessons 
of  history,  that,  amid  the  general  favor  and  im 
posing  sanction  which  this  measure  met  with, 
he  stood  the  unfaltering  and,  in  debate,  almost 
the  solitary  opponent  of  it.  What  adds  to  the 
weight  of  his  testimony  against  the  measure, 
and  enhances  the  merit  of  his  opposition  to  it, 
in  a  moral  point  of  view,  is,  that  to  the  cause 

1  Mr.  Lee,  having  been  elected  sion  of  the  legislature,  did  not  take 
one  of  the  representatives  of  the  his  seat  in  the  House  of  Delegates 
State  in  Congress,  at  the  last  ses-  at  the  present  session. 


OUTLINE   OF  MR.  MADISON'S   SPEECH.         603 

of  'religion  itself  he  was  a  sincere  friend,  as  he 
was  also  an  enlightened  believer  in  the  truth 
and  divine  authority  of  the  Christian  system. 
But  in  an  enforced  union  between  religion  and 
the  State  he  saw  only  omens  of  evil  to  both, 
and  a  fatal  departure  from  principles  which  he 
held  sacred. 

We  have,  no  report  of  the  speeches  made  by 
him  in  opposition  to  this  measure ;  but  among 
his  papers  is  a  relic  of  great  interest,  in  the 
skeleton  of  what  was  probably  his  leading  speech 
on  the  occasion,  written  on  the  torn  back  of  a 
letter,  in  a  very  condensed  hand  and  with  many 
abbreviations.  As  a  sample  of  the  only  kind  of 
preparation  he  was  in  the  habit  of  making  even 
for  his  most  elaborate  parliamentary  efforts,  as 
well  as  on  account  of  the  intrinsic  value  of  its 
contents,  we  subjoin  this  relic,  for  the  instruction 
no  less  than  the  curiosity  of  the  reader.  It  will 
be  seen,  small  as  is  the  space  occupied  by  the 
written  programme  of  the  argument,  that  it  con 
tains  the  elements  of  a  profound,  comprehensive, 
and  exhaustive  discussion  of  the  great  subject  in 
all  its  relations. 

We  learn  from  it  that  Mr.  Madison  contended, 
first,  that  the  regulation  of  religion  was  not  within 
the  province  of  the  civil  power,  and  that  every 
attempt  of  the  kind  tended  necessarily  to  ulti 
mate  projects  of  compulsory  uniformity;  next, 
that  religion  stands  in  no  need  of  artificial  props, 
and  that  the  history  of  the  world  proves  that  it 


604  LIFE  AND  TIMES   OF  MADISON. 

had  been  invariably  corrupted  by  legal  establish 
ments,  which  propositions  he   illustrated  and  en 
forced   by   a  review  of  primitive  Christianity,  of 
the  Keformation,  and  the  general  progress  of  re 
ligious   liberty;    that  the    interests   of  the    State 
would  be  seriously  injured  by  the  proposed  meas 
ure,  in   discouraging   the    immigration   into  it  of 
those  who  set  a  proper  value  on  religious  freedom, 
as  well  as  by  furnishing  new  motives  for  the  em 
igration  of  many  of  its  present  inhabitants ;  that 
the  decay  of  public  morals  complained  of  was  in 
no  degree  attributable   to  the  want  of  any  legal 
provision  for  the  support  of  religion,  but  was  the 
result,   in    general,  of  a  long-continued   state   of 
war,  of  bad  laws,  and   of  a  loose   administration 
of  justice ;  and   that  the   true  and   proper  reme 
dies  would  be  found  in  the  return  and  discipline 
of  peace,  in    laws  cherishing  virtue,  in    a  more 
regular  administration  of  justice,  and   in  the  in 
fluence   of   good    example    and   of  voluntary  re 
ligious  associations.     He    then    showed,    that,   as 
the   benefits   of  the    proposed    provision  were   to 
be   limited   to    Christian  societies  and  churches,  it 
would  devolve  upon  the  courts  of  law  to   deter 
mine    what    constitutes    Christianity,    and     thus, 
amid  the  great  diversity  of  creeds  and  sects,  to 
set  up  by  their  fiat  a  standard  of  orthodoxy   on 
the  one  hand  and  of  heresy  on  the  other,  which 
would    be    destructive    of   the    rights  of  private 
conscience.     He  argued,  finally,  that  the    propo 
sition  dishonored   Christianity  by  resting  it  upon 


NOTES   OF  MR.  MADISON'S   SPEECH. 


605 


a  basis  of  mercenary  support,  and  concluded  with 
vindicating  its  holy  character  from  such  a  re 
proach,  contending  that  its  true  and  best  sup 
port  was  in  the  principle  of  universal  and  perfect 
liberty  established  by  the  Bill  of  Eights,  and 
which  was  alone  in  consonance  with  its  own 
pure  and  elevated  precepts.1 

A  considerable  period  elapsed  after  the  adop 
tion  of  the  resolution  in  favor  of  the  principle 
of  a  general  assessment,  before  any  bill  was  re 
ported  to  carry  it  into  effect.  This  delay  pro 
duced  doubts  whether  the  friends  of  the  measure 


1  The  following  is  the  skeleton 
of  Mr.  Madison's  speech,  referred 
to  in  the  text,  as  we  find  it  among 
his  papers :  — 

"I.  Rel.  not  within  purview  of  civil  au 
thority. 

"  Tendency  of  estabg  Xnty  —  1.  to  project 
of  uniformity.  2.  to  penal  laws  for  sup 
ports  it. 

"  Progress  of  Gen.  Asses*  proves  this  ten 
dency. 

"  Difference  between  estabg  and  tolerat 
ing  error.  . 

"  True  question  —  not  Is  Rel.  necessy, — 
but 

"II.  are  Rel.  Estabts  necesy  for  Religion? 
No. 

"  1.  propensity  of  man  to  Religion. 

"  2.  Experience  shews  Rel.  corrupted  by 
Estabt*. 

"  3.  Downfall  of  States  mentioned  by  Mr. 
Henry  —  happened,  where  there  was  estabt. 

"4.  Experience  gives  no  model  of  Genl 
Asst- 

"  5.  Case  of  Pa.  explained  —  not  solitary 
—  N.  J.  See  const"  of  it  —  R.  I.  —  N.  Y.— 
D. 

"  6.  Case  of  primitive  Xnty. 
of  Reformation, 
of  Dissenters  formerly. 

"7.  Progress  of  Religious  liberty. 

III.  Policy  — 

"  1.  promote  emigrations  from  State 
51* 


"2.  prevent  immig.  into  it,  as  asylum. 
IV.  Necessity  of  Estabt  inferred  from  state 
of  country. 
True  causes  of  disease. 

1  common  to  other  States, 
kl.  war  I 

>  and  produce  same  com- 
<2.  bad  laws)  plaintginNE 

'3.  pretext  from  taxes. 
'4.  state  of  administration  of  justice. 
5.  transition  from  old  to  new  plan. 
;  6.  policy  and  hopes  of  friends  to  G.  Aset. 

"  True  remedies  —  not  Estabt but,  being 

out  of  war, 

"  1.  Laws  to  cherish  virtue. 
"2.  administration  of  justice. 
"3.  personal  example  —  associations  for 
Rel. 

"4.  By  present  vote,  cut  off  hope  of  G. 
asst. 
"  6.  Education  of  youth. 

"V.  Probable  defects  of  Bill,  when  pre 
pared. 

"  What  la  Xnty,  courts  of  Law  to  de 
cide. 

"Is  it  Trinitarianism,  ArSanisin,  Socin- 
ianLsm?  Is  it  salvation  by  faith  or  works 
also,  &c.  &c. 

"  Ends  in  what  is  orthodoxy,  what  her 
esy. 
"  VI.  Dishonors  Christianity. 

"  panegyric  on  it,  on  our  side. 

"Decl.  Rights." 


606  LIFE   AND  TIMES    OF  MADISON. 

would  persist  in  it.  Mr.  Madison,  writing  to  Mr. 
Monroe  on  the  14th  of  November,  1784,  says : 
"The  principal  attention  of  the  House  has  been 
and  is  still  occupied  with  a  scheme  for  a  general 
assessment;  —  47  have  carried  it  against  32.  In 
its  present  form,  it  excludes  all  but  Christian  sects. 
The  Presbyterian  clergy  have  remonstrated  against 
any  narrow  principles,  but  indirectly  favor  a  more 
comprehensive  establishment.  I  think  the  bot 
tom  will  be  enlarged,  and  that  a  trial  will  be 
made  of  the  practicability  of  the  project." 

Writing  again  to  Mr.  Monroe  on  the  27th  of 
the  same  month,  he  says :  "  The  bill  for  a  relig 
ious  assessment  has  not  yet  been  brought  in. 
Mr.  Henry,  the  father  of  the  scheme,  is  gone  up 
to  his  seat  for  his  family,  and  will  no  more  sit 
in  the  House  of  Delegates,  —  a  circumstance  very 
inauspicious  to  his  offspring."  And  in  a  letter, 
written  on  the  same  day,  to  another  friend,  he 
says :  "  You  will  have  heard  of  the  vote  in  favor 
of  the  general  assessment.  The  bill  is  not  yet 
brought  in,  and  I  question  whether  it  will  be  ; 
or  if  so,  whether  it  will  pass." 

At  length,  however,  on  the  3d  day  of  Decem 
ber, —  three  weeks  after  the  adoption  of  the  res 
olution, —  the  bill  was  introduced.1  But,  in  the 
mean  time,  another  subject  involving  the  inter 
ests  of  religious  societies,  and  which,  in  the 
sequel,  appears  to  have  exercised  an  important 
influence  on  the  fate  of  the  proposition  for  a 

*  See  Journal  of  House  of  Delegates,  October  session,  1784,  p.  52. 


ACT  INCORPORATING  EPISCOPAL   CHURCH.   607 

general  assessment,  was  taken  up.  On  the  17th 
of  November,  1784,  a  resolution  had  passed  the 
House  of  Delegates  by  a  very  large  majority, 
(62  to  23,)  in  favor  of  the  "incorporation  of  all 
societies  of  the  Christian  religion  which  may 
apply  for  the  same." l  Mr.  Madison  here  again 
voted  with  the  minority.  On  the  same  day,  leave 
was  given  to  bring  in  a  bill  "  to  incorporate  the 
clergy  of  the  Protestant  Episcopal  Church  "  ;  and 
a  committee,  of  which  Mr.  Henry  was  the  second- 
named  member,  was  appointed  to  prepare  it. 

This  bill  was  not  reported  until  Mr.  Henry 
had  left  the  House  and  entered  upon  the  duties 
of  the  chief  executive  office,  to  which  he  had  re 
cently  been  again  elected ;  but  it  was  well  known 
that  he  favored  the  bill,  having  been,  as  we  have 
seen,  the  chief  patron  of  a  kindred  measure 
brought  before  the  legislature  at  its  last  session. 
The  bill  now  reported  was  free  from  many  of  the 
objections  which  were  felt  and  urged  against  the 
one  presented  on  the  former  occasion.  It  was  no 
longer  a  bill  to  incorporate  the  "  clergy  of  the  Prot 
estant  Episcopal  Church,"  as  distinct  from  the  laity, 
—  but  to  incorporate  "  the  Protestant  Episcopal 
Church,"  embracing  both  clergy  and  laity.  Other 
amendments  were  made,  or  were  supposed  to  have 
been  made,  in  its  progress  through  the  commit 
tee  of  the  whole  House,  which  still  further  les 
sened  the  objections  to  its  passage  ;  and  it  was 
felt  that  there  was  one  argument  at  least,  of  a 

1  See  Journal  of  House  of  Delegates,  October  session,  1784,  p.  27. 


608  LIFE    AND  TIMES   OF  MADISON. 

legitimate  and  practical  nature,  in  its  favor,  aris 
ing  from  the  necessity  of  some  sort  of  incorpo 
ration  to  enable  the  church  to  hold  and  manage 
its  property. 

But  the  consideration  by  which  Mr.  Madison 
was  induced  finally  to  give  a  reluctant  vote  for 
the  passage  of  the  measure  was  this.  "A  neg 
ative  of  the  bill,"  he  said,  « would  have  doubled 
the  eagerness  and  pretexts  for  a  much  greater 
evil,  —  a  general  assessment,  —  which,  there  is 
good  ground  to  believe,  was  parried  by  this  par 
tial  gratification  of  its  warmest  votaries."  l  When 
the  impending  danger  of  the  greater  evil  was 
ultimately  averted,  he  took  a  decided  and  active 
part  in  the  movement  which  led,  at  an  early 
day,  to  the  repeal  of  the  incorporating  act. 

This  measure  being  passed  on  the  22d  of  De 
cember,  the  House  of  Delegates,  on  the  same 
day,  resolved  itself  into  a  committee  of  the  whole 
to  consider  the  assessment  bill,  which  had  been 
reported  under  the  title  of  a  bill  « establishing  a 
provision  for  teachers  of  the  Christian  religion." 
It  was  discussed  for  two  days  in  committee  of 
the  whole,  and  the  opposition  to  it  was  renewed 
with  great  spirit  and  vigor.  Several  amendments 
were  made;  and  on  the  second  day,  the  bill, 
with  the  amendments,  was  ordered  to  be  en 
grossed  and  read  the  third  time.  On  the  succeed 
ing  day,  (the  24th  of  December,)  the  opponents 
of  the  measure,  gallantly  continuing  the  struggle 

*  Letter  to  Mr.  Jefferson,  of  the  9th  of  January,  1785. 


GENERAL  ASSESSMENT  BILL  POSTPONED.     609 

to  the  last,  moved  that  the  third  reading  of  the 
bill  be  "postponed  until  the  fourth  Thursday  in 
November  next,"  —  a  day  beyond  the  term  of 
the  existing  legislature.  The  motion  was  carried 
by  a  vote  of  45  to  38.1  This  result,  though  not 
a  final  and  decisive  victory,  was  at  least  a 
drawn  battle,  which,  considering  the  large  nu 
merical  odds  with  which  the  contest  opened 
against  the  opponents  of  the  projected  assess 
ment,  was  matter  of  just  felicitation  to  all  who 
clung  to  the  standard  of  an  unqualified  freedom 
in  religion. 

Mr.  Madison,  in  writing  to  Mr.  Jefferson  im 
mediately  after  the  adjournment  of  the  legislature, 
summed  up  the  history  of  the  long  and  arduous 
struggle  in  the  following  quiet  manner,  abstain 
ing,  with  characteristic  oblivion  of  self,  from  the 
slightest  allusion  to  the  leading  and  distinguished 
part  he  had  borne  in  the  transactions  he  records. 

"A  resolution  for  a  legal  provision  for  the 
6  teachers  of  the  Christian  religion '  had,  early  in 
the  session,  been  proposed  by  Mr.  Henry,  and,  in 
spite  of  all  the  opposition  that  could  be  mus 
tered,  carried  by  47  against  32  votes.  Many 
petitions  from  below  the  Blue  Ridge  had  prayed 
for  such  a  law;  and  though  several  from  the 
Presbyterian  laity  beyond  it  were  in  a  contrary 
style,  the  clergy  of  that  sect  favored  it.  The 
other  sects  seemed  to  be  passive.  The  resolu 
tion  lay  some  weeks  before  a  bill  was  brought 

1  See  Journal  of  House  of  Delegates,  October  session,  1784,  p.  8*?. 


610  LIFE   AND   TIMES   OF  MADISON. 

in,  and  the  bill,  some  weeks  before  it  was  called 
for.  After  the  passage  of  the  Incorporating  Act, 
it  was  taken  up,  and,  on  the  third  reading,  or 
dered,  by  a  small  majority,  to  be  printed  for 
consideration.  The  bill,  in  its  present  dress,  pro 
poses  a  tax  of  —  per  cent,  on  all  taxable 
property  for  support  of  teachers  of  the  Christian 
religion.  Each  person,  when  he  pays  his  tax,  is 
to  name  the  society  to  which  he  dedicates  it; 
and  in  case  of  refusal  to  do  so,  the  tax  is  to  be 
applied  to  the  maintenance  of  a  school  in  the 
county.  As  the  bill  stood  for  some  time,  the 
application,  in  such  cases,  was  to  be  made  by  the 
legislature  to  pious  uses." 

Immediately  after  the  vote  which  postponed 
the  further  consideration  of  the  subject  to  the 
next  session  of  the  legislature,  a  motion  was 
made  and  carried  that  copies  of  the  bill,  together 
with  the  ayes  and  noes  on  the  question  of  post 
ponement,  be  printed  for  distribution  in  the  sev 
eral  counties  of  the  Commonwealth,  and  that 
"  the  people  thereof  be  requested  to  signify  their 
opinion  respecting  the  adoption  of  such  a  meas 
ure  to  the  next  session  of  the  legislature."  Thus 
was  an  appeal  formally  taken,  in  this  vital  cause 
of  religious  freedom,  to  the  supreme  and  ultimate 
tribunal  in  representative  governments.  With 
what  untiring  zeal,  and  with  what  irresistible 
force  of  eloquence  and  logic,  Mr.  Madison  pleaded 
the  great  cause  before  that  tribunal,  and  what 
was  the  final  judgment  pronounced  by  it,  we 
shall  hereafter  see. 


CHAPTER    XX. 

Visit  of  Washington  and  Lafayette  to  the  Legislature  of  Virginia  — 
Addresses  to  them,  and  their  Replies  —  Washington  takes  a  deep 
Interest  in  the  Improvement  of  the  navigable  Rivers  of  Virginia, 
to  command  the  Trade  of  the  West  —  His  able  Letter  to  Governor 
Harrison  on  the  Subject  laid  before  the  Legislature  —  Leading 
and  active  Part  taken  by  Mr.  Madison  in  Cooperation  with  him 
—  Washington  appointed  by  the  Legislature  of  Virginia  a  Com 
missioner  to  concert  with  the  Legislature  of  Maryland  the  Pro 
visions  of  a  joint  Act  for  improving  and  extending  the  Navigation 
of  the  Potomac  —  Repairs  to  Annapolis  —  Remarkable  Letter  ad 
dressed  by  him  to  Mr.  Madison  in  Explanation  of  the  Proceedings 
and  Results  of  his  Mission  —  Mr.  Madison  introduces  Measures  to 
carry  into  full  Effect  the  Arrangements  agreed  upon  at  Annap 
olis  —  Other  Measures  brought  forward  by  Mr.  Madison  to  com 
plete  the  System  of  Interior  Communications  for  the  State  — 
Improvement  of  James  River —  Communication  between  Elizabeth 
River  and  Albemarle  Sound  —  Reflections  of  Mr.  Madison 'upon 
the  vast  Importance  and  future  Consequences  of  these  Public 
Works  —  Homage  rendered  by  him  to  Washington's  Greatness  of 
Mind  in  so  earnestly  engaging  in  them  —  Brings  in  a  Bill  to 
confer  upon  him,  in  the  Name  of  the  State,  a  number  of  Shares 
in  the  Works  authorized  —  Adjournment  of  the  Legislature  — 
Agitation  among  the  People  on  the  Assessment  Bill  for  Support 
of  Religious  Teachers — Deep  Interest  felt  by  Mr.  Madison  in  the 
Progress  of  the  Question  —  His  Letters  to  Mr.  Monroe  on  the  Sub- 


612  LIFE   AND  TIMES   OF  MADISON. 

ject  —  Prepares  "Memorial  and  Remonstrance "  against  the  As 
sessment,  to  be  circulated  among  the  People  —  Memorial  covered 
with  Signatures  in  every  Part  of  the  State  —  It  decides  forever 
the  Fate  of  the  Proposition  before  the  Legislature  —  Extraordi 
nary  Merits  of  the  Paper  —  A  Monument  in  itself  of  the  Genius, 
Ability,  and  Love  of  Liberty  of  the  Author. 

THE  proceedings  of  the  legislature,  during  its 
present  session,  were  agreeably  diversified  by  a 
visit  from  General  Washington  and  his  friend 
and  companion  in  arms,  the  gallant  Lafayette. 
Washington  arrived  on  the  14th  of  November, 
1784,  a  few  days  before  Lafayette.  On  the  15th, 
the  House  of  Delegates  adopted  the  following 
resolution,  which  bears  evident  traces  of  Mr. 
Madison's  pen :  — 

"The  House  being  informed  of  the  arrival  of 
General  Washington  in  this  city, — 

"  Hesolved,  nomine  contradiceirte,  That,  as  a  mark 
of  their  reverence  for  his  character  and  affection 
to  his  person,  a  committee  of  five  be  appointed 
to  wait  upon  him,  with  the  respectful  regards  of 
this  House,  to  express  to  him  the  satisfaction 
they  feel  in  the  opportunity,  afforded  by  his 
presence,  of  offering  this  tribute  to  his  merits ; 
and  to  assure  him,  that,  as  they  not  only  retain 
the  most  lasting  impressions  of  the  transcendent 
services  rendered  in  his  late  public  character, 
but  have,  since  his  return  to  private  life,  experi 
enced  proofs  that  no  change  of  situation  can 
turn,  his  thoughts  from  the  welfare  of  his  coun 
try,  so  his  happiness  can  never  cease  to  be  an 


WASHINGTON  AND  LAFAYETTE  AT  RICHMOND.  613 

object  of  their  most  devout  wishes  and  fervent 
supplications." 

The  committee  appointed  to  perform  this  grate 
ful  duty  consisted  of  Mr.  Henry,  Mr.  Jones  of 
King  George,  Mr.  Madison,  Mr.  Carter  Henry 
Harrison,  and  Colonel  Edward  Carrington.  Gen 
eral  Washington  replied  to  the  committee  with 
blended  dignity  and  modesty,  and  with  that  tact 
and  gracefulness  of  expression,  inspired  by  true 
feeling,  which  so  remarkably  distinguished  his 
addresses  on  such  occasions. 

"  My  sensibility,  gentlemen,"  he  said,  "  is  deeply 
affected  by  this  distinguished  mark  of  the  affec 
tionate  regard  of  your  House.  I  lament,  upon 
this  occasion,  the  want  of  those  powers  which 
would  enable  me  to  do  justice  to  my  feelings, 
and  shall  rely  on  your  indulgent  report  to  sup 
ply  the  defect.  At  the  same  time,  I  pray  you 
to  present  for  me  the  strongest  assurances  of 
unalterable  affection  and  gratitude  for  this  last 
pleasing  and  flattering  attention  of  my  country." 

Lafayette  arrived  on  the  18th  of  the  month ; 
and  a  committee,  of  which  Mr.  Madison  was 
again  named  a  member,  was  appointed  to  wel 
come  him  with  the  affectionate  respects  of  the 
House  of  Delegates.  The  resolution  adopted  on 
the  occasion  contained  an  appropriate  and  well- 
merited  tribute  to  the  able  military  conduct  of 
the  youthful  General  during  his  command  in 
Virginia,  in  the  memorable  campaign  of  1781. 
The  committee  was  instructed  to  assure  him 

VOL.  i.  52 


614  LIFE   AND   TIMES   OF  MADISON. 

"that  the  General  Assembly  of  Virginia  could 
not  review  the  scenes  of  blood  and  danger 
through  which  we  have  arrived  at  the  blessings 
of  peace,  without  being  touched  in  the  most 
lively  manner  with  the  recollection,  not  only  of 
the  invaluable  services  for  which  the  United 
States  at  large  are  so  much  indebted  to  him,  but 
of  that  conspicuous  display  of  cool  intrepidity 
and  wise  conduct  during  his  command  in  the 
campaign  of  1781,  which,  by  having  so  essentially 
served  this  State  in  particular,  have  given  him 
so  just  a  title  to  its  particular  acknowledg 
ments." 

In  his  reply,  the  Marquis  made  the  following 
handsome  and  feeling  allusions  to  his  service  in 
Virginia,  to  the  recollections  which  bound  him 
affectionately  to  the  State,  and  to  his  personal 
observation  of  her  fidelity  and  exertions  in  the 
common  cause. 

"Through  the  continent,  gentlemen,"  he  said, 
"it  is  most  pleasing  to  me  to  join  with  my 
friends  in  mutual  congratulations;  and  I  need 
not  add  what  my  sentiments  must  be  in  Virginia, 
where,  step  by  step,  have  I  so  keenly  felt  for 
her  distress,  so  eagerly  enjoyed  her  recovery. 
Our  armed  force  was  obliged  to  retreat;  but 
your  patriotic  hearts  stood  unshaken.  And  while, 
either  at  that  period  or  in  our  better  hours,  my 
obligations  to  you  are  numberless,  I  am  happy 
in  this  opportunity  to  observe  that  the  excellent 
services  of  your  militia  were  continued  with  un- 


PLANS  FOR  IMPROVEMENT  OF   RIVERS.       615 

paralleled  steadiness.  Impressed  with  the  neces 
sity  of  federal  union,  I  was  the  more  pleased  in 
the  command  of  an  army  so  peculiarly  federal, 
•  as  Virginia  herself  freely  bled  in  defence  of  her 
sister  States." 

The  visit  of  these  illustrious  guests  at  the  cap 
ital  of  Virginia  continued  for  a  week,  and  was  a 
rich  feast  of  patriotism'  to  all,  while  it  lasted. 
On  the  part  of  Washington,  besides  the  lively 
gratification  of  renewing  his  personal  intercourse 
with  friends  from  whom  he  had  been  long  sep 
arated  by  the  stern  demands  of  public  duty,  the 
visit  had  a  further  motive  in  his  desire  to  pro 
mote  with  the  legislature  some  plan  for  connect 
ing  the  Eastern  and  We'stern  waters  through 
Virginia,  for  the  purpose  of  securing  to  her  the 
share  which  nature  designed  for  her  in  the  vast 
future  commerce  of  the  West.  This  great  inter 
est,  immediately  after  the  close  of  the  war,  en 
gaged  at  the  same  moment  the  meditations  of 
Washington,  Jefferson,  and  Madison,  and  had 
been  the  subject  of  correspondence  and  mutual 
consultation  between  them.1 

A  few  days  before  the  commencement  of  the 
present  session  of  the  legislature,  General  Wash- 

1  See  manuscript  letter  of  Mr.  Marshall's    Life    of   Washington, 

Jefferson  to  Mr.  Madison  of  the  vol.  n.  p.  66,)  —  letter  of  General 

20th  of  February,  1784,  —  letters  Washington    to   Mr.  Jefferson  of 

of  Mr.  Madison  to  Mr.  Jefferson  the  28th  of  March,  1 784,  (Sparks's 

of  the  16th  of  March  and  25th  of  Washington,  vol.  ix.  p.  30,)  — and 

April,  1 784,  —  letter  of  Mr.  Jeffer-  correspondence  between   General 

son  to  General  Washington  of  the  Washington  and  Mr.  Madison  in 

1 5th  of  March,  1784,  (extract  in  November  and  December,  1784. 


616  LIFE  AND  TIMES   OF  MADISON. 

ington  had  addressed  a  very  able  letter  to  Colonel 
Benjamin  Harrison,  then  governor  of  the  State, 
exhibiting,  in  a  striking  and  conclusive  manner,  the 
immense  importance  of  the  proposed  connection, 
both  in  a  commercial  and  political  point  of  view ; 
and    showing  that  the   two   great  rivers   of  Vir 
ginia,  which  have  their  sources  in  the  Apalachian 
Mountains,  if  promptly  and    properly  improved, 
presented  the  shortest,  easiest,  and  least  expen 
sive  communications,  between  the   tide-waters  of 
the  Atlantic  slope  and  the  fertile  regions  of  the 
West  and  Northwest,  of  any  which  the  continent 
offered.     In  the  close  of  his  letter,  he  said,  as  if 
prophetically,  — "Upon  the   whole,  the  object,  in 
my   estimation,  is    one    of  vast   commercial    and 
political  importance.      In  this  light  I  think  pos 
terity  will  consider  it,  and  regret,  if  our  conduct 
should  give  them  cause,  that  the   present  favor 
able   moment  to    secure    so    great  a    blessing  to 
them  was  neglected." 

This  communication,  though  not  of  an  official 
character,  presented  views  of  so  much  public  in 
terest  and  importance,  and  from  a  source  com 
manding  so  much  of  the  public  consideration, 
that  the  governor  laid  it  before  the  General  As 
sembly.  Of  the  three  distinguished  men  between 
whom  these  views  had  been  already  freely  inter 
changed  in  their  private  correspondence,  with 
that  enlightened  forecast  and  patriotic  solicitude 
for  the  future  greatness  and  welfare  of  their 
country  which  animated  and  directed  them  all, 


MADISON   COOPERATES  WITH  WASHINGTON.    617 

Mr.  Madison  was  the  only  one  now  in  a  position 
to  render  his  assistance,  through  the  action  of 
the  public  authorities  of  the  State,  to  carry  them 
into  effect. 

In  a  letter  of  the  9th  of  January,  1785,  to  Mr. 
Jefferson,  who  was  then  one  of  the  ministers  of 
the  United  States  in  Europe,  he  gives  the  follow 
ing  interesting  account  of  the  passage  of  the  "  Act 
for  opening  and  extending  the  navigation  of  the 
Potomac  River."  The  act  required  the  concur 
rence  of  the  legislature  of  Maryland,  —  in  obtain 
ing  which  General  Washington  exhibited,  in  civil 
action,  no  small  portion  of  the  ardor,  energy, 
.and  devotion  that  had  been  displayed  by  him  in 
the  battle-fields  of  Trenton,  Princeton,  and  Mon 
mouth. 

"The  subject  of  clearing  the  great  rivers  [Po 
tomac  and  Jarnes]  was  brought  forward  early  in 
the  session  under  the  auspices  of  General  Wash 
ington,  who  had  written  an  interesting  private 
letter  to  Governor  Harrison,  which  the  latter 
communicated  to  the  General  Assembly.  The 
conversation  of  the  General,  during  a  visit  paid 
to  Richmond  in  the  course  of  the  session,  still 
further  impressed  the  magnitude  of  the  object 
on  sundry  members.  Shortly  after  his  departure, 
a  joint  memorial  from  a  number  of  citizens  of 
Virginia  and  Maryland,  interested  in  the  Poto 
mac,  was  presented  to  the  Assembly,  stating  the 
practicability  and  importance  of  the  work,  and 
praying  for  an  act  of  incorporation  and  grant 

52* 


618  LIFE  AND  TIMES   OF  MADISON. 

of  perpetual  tolls  to  the  undertakers  of  it.  A 
bill  had  been  prepared  at  the  same  meeting 
which  produced  the  memorial,  and  was  transmit 
ted  to  Kichmond  at  the  same  time.  A  like  me 
morial  and  bill  went  to  Annapolis,  where  the 
legislature  of  Maryland  was  sitting. 

"The  Assembly  here  lent  a  ready  ear  to  the 
project;    but  a  difficulty  arose  from  the    height 
of  the    tolls  proposed,   the  danger  of  destroying 
the    uniformity  essential    in    the    proceedings  of 
the   two   States  by  altering  them,   and   the   scar 
city  of  time  for  negotiating  with  Maryland  a  bill 
satisfactory  to  both    States.     Short    as  the   time 
was,  however,  the  attempt  was  decided  on,  and 
the  negotiation   committed    to   Washington   him 
self.     General  Gates,  who  happened  to  be  in  the 
way,    and    Colonel    Blackburn,    were     associated 
with    him.      The    latter    did    not    act:    the    two 
former  pushed   immediately  to  Annapolis,  where 
the  sickness  of  General  Gates   threw  the  whole 
agency   on    General   Washington.     By  his    exer 
tions,    in    concert   with    committees    of    the    two 
branches  of  the  legislature,  an  amendment  of  the 
plan  was  digested  in  a  few  days,  passed  through 
both    Houses    in  one    day   with    nine    dissenting 
voices   only,   and    dispatched   for   Eichmond  just 
in  time  for  the  session.     A  corresponding  act  was 
immediately  introduced,  and  passed  without  op 
position." 

The  mission  of  General  Washington  to  Annap 
olis  on  this  errand  of  public  beneficence,  so  soon 


MISSION   OF  WASHINGTON  TO  ANNAPOLIS.     619 

after  the  close  of  his  great  military  career,  forms 
one  of  the  most  beautiful  and  instructive  inci 
dents  in  the  drama  of  his  life,  and  proves,  by 
the  eloquence  of  a  noble  example,  how  true  it 
is  that  "  peace  hath  her  victories  no  less  re 
nowned  than  war."  The  resolution  which  com 
mitted  to  him,  with  his  two  colleagues,  the  ne 
gotiation  mentioned  by  Mr.  Madison,  was  passed 
by  the  legislature  on  the  14th  of  December,  1784. 
Some  days  elapsed  before  it  could  be  communi 
cated  to  him  at  Mount  Vernon.  He  lost  no 
time,  after  intelligence  of  his  appointment,  in  set 
ting  off  on  his  mission ;  and  from  his  arrival  at 
Annapolis  to  the  28th  of  the  month,  he  was  in 
cessantly  and  earnestly  engaged  in  discussing  and 
arranging,  with  committees  of  the  two  Houses 
of  the  Maryland  legislature,  the  necessary  but 
complex  details  of  the  measure  in  hand,  and 
recommending  its  importance  and  advantages  to 
the  favorable  consideration  of  the  members. 

We  have  now  before  us  an  autograph  letter 
addressed  by  him  to  Mr.  Madison  on  the  last- 
mentioned  day  —  rendering  an  account  of  his 
proceedings  and  the  results  of  his  mission  — 
which,  in  its  hurried  chirography,  so  unlike  his 
usual  careful  handwriting,  and  in  the  interlinea 
tions  that  mark  its  face,  presents  to  the  eye  a 
vivid  picture  of  the  fatigue  and  exhaustion  which 
the  long-continued  exertions  and  unremitted  self- 
devotion  of  the  writer  had  at  length  brought  in 
their  train.  We  cannot  deny  the  reader  the 


620  LIFE   AND   TIMES   OF  MADISON. 

gratification  of  perusing  a  few  extracts  from  this 
rapid  and  unpretending  production,  which  has  hith 
erto  rested  unknown  in  a  private  repository,  but 
which  will  be  regarded  by  posterity,  perhaps,  as 
one  of  the  most  characteristic  and  interesting 
memorials  of  the  unbounded  energies  and  high 
civic  talents  of  the  great  American,  when  called 
into  action  by  a  patriotic  sense  of  duty. 

"  ANNAPOLIS,  28th  December,  1 784. 

"DEAR  SIR:  I  have  been  favored  with  your 
letter  of  llth  instant. 

"The  proceedings  of  the  conference,  and  the 
act  and  resolutions  of  the  legislature  consequent 
thereupon,  herewith  transmitted  to  the  Assembly, 
are  so  fall,  and  explanatory  of  the  motives  which 
governed  in  this  business,  that  it  is  scarcely  ne 
cessary  for  me  to  say  anything  in  addition  to 
them,  except  that  this  State  seems  highly  im 
pressed  with  the  importance  of  the  objects  which 
we  have  had  under  consideration,  and  is  very 
desirous  of  seeing  them  accomplished.  We  have 
reduced  most  of  the  tolls  from  what  they  were 
in  the  first  bill,  and  have  added  something  to  a 
few  others.  Upon  the  whole,  we  have  made 
them  as  low  as  we  conceived,  from  the  best  in 
formation  before  us,  they  can  be  fixed  without 
hazarding  the  plan  altogether 

"  To  secure  success,  and  to  give  a  vigor  to  the 
undertaking,  it  was  judged  advisable  for  each 
State  to  contribute  (upon  the  terms  of  private 


HIS  LETTER  TO  MR  MADISON.  %   621 

subscribers)  to  the  expense  of  it,  especially  as 
it  might  have  a  happy  influence  on  the  ininds 
of  the  Western  settlers ;  and  it  may  be  observed 
here  that  only  part  of  this  money  can  be  called 
for  immediately,  provided  the  work  goes  on,  and 
afterwards  only  in  the  proportion  of  its  progres 
sion.  Though  there  is  no  obligation  on  the  State 
to  adopt  this,  (if  it  is  inconvenient,  or  repug 
nant  to  their  wishes,)  yet  I  should  be  highly 
pleased  to  hear  that  they  had  done  so.  Our  ad 
vantages  will,  most  assuredly,  be  equal  to  those 
of  Maryland,  and  our  public  spirit  ought  not,  in 
my  opinion,  to  be  less 

"Matters  might,  perhaps,  have  been  better  di 
gested,  if  more  time  had  been  taken  ;  but  the 
fear  of  not  getting  the  report  to  Eichmond  be 
fore  the  Assembly  would  have  risen  occasioned 
more  hurry  than  accuracy,  and  even  real  despatch. 
But  to  alter  the  act  now,  further  than  to  accom 
modate  it  to  circumstances,  where  it  is  essential, 
or  to  remedy  an  obvious  error,  if  any  should 
be  discovered,  will  not  do.  The  bill  passed 
this  Assembly  with  only  nine  dissenting  voices, 
and  got  through  both  Houses  in  a  day,  —  so  ear 
nest  were  the  members  of  getting  it  to  you  in 
time. 

"  It  is  now  near  twelve  o'clock  at  night ;  and  I 
am  writing  with  an  aching  head,  having  been  con 
stantly  employed  in  this  business  since  the  22d 
instant,  without  assistance  from  my  colleagues,  — 
General  Gates  having  been  sick  the  whole  time, 


622  .  LIFE   AND  TIMES   OF  MADISON. 

and  Colonel  Blackburn    not  attending.     But  for 
this,  I  would  be  more  explicit. 

"I  am,  with  great  esteem  and  respect, 

"Dear  sir,  your  most  ob't  serv., 

"G.  WASHINGTON. 

"JAMES  MADISON,  ESQ. 

"P.  S.  I  am  ashamed  to  send  you  such  a  let* 
ter,  but  cannot  give  you  a  fairer  one.  G.  W." 

The  head  of  Washington,  so  recently  entwined 
with  the  laurel  wreath  of  military  triumph,  ach 
ing  over  the  details  of  a  bill  for  the  improve 
ment  of  his  native  river,  is  a  suggestive  study 
for  both  patriotism  and  philosophy. 

After  providing  for  the  improvement  of  the 
Potomac  to  the  highest  point  to  which  it  was 
susceptible  of  navigation,  it  was  necessary,  with 
a  view  to  the  great  object  of  commanding  the 
commerce  of  the  West,  that  some  communica 
tion  should  be  opened  between  that  point  and 
the  nearest  navigable  waters  of  the  Ohio.  Two 
routes  of  communication  were  in  contemplation : 
one  from  the  head  of  the  Potomac  to  the  Cheat 
or  Monongahela  River,  and  passing  through  the 
territory  of  Virginia  or  Maryland ;  the  other  from 
the  mouth  of  Wills's  Creek  to  the  Yohioganey, 
and  passing  through  the  territory  of  Pennsylva 
nia.  It  was  agreed  by  Maryland  and  Virginia  to 
open  the  first  by  appropriating  a  thousand  pounds 
each  to  the  undertaking,  and  appointing  joint 
commissioners  to  superintend  and  direct  the  work. 


MEASURES  PROPOSED  BY  MR.  MADISON.      623 

For  the  secpnd  the  requisite  authority  could  be 
obtained  only  by  an  application  to  the  legisla 
ture  of  Pennsylvania.  Mr.  Madison  introduced 
resolutions  providing  for  both  objects,  which  were 
immediately  passed.1 

He  also  brought  forward  a  proposition  for  rep 
resenting  to  the  State  of  Pennsylvania  the  great 
advantages  that  would  result  to  her  citizens  from 
the  proposed  communication  between  the  waters 
of  the  Potomac  and  the  Ohio ;  and  asking  that, 
in  consideration  of  those  advantages  and  for  the 
encouragement  of  the  enterprise,  she  would  grant 
a  free  transit  for  all  produce  or  merchandise 
passing  by  the  line  of  the  improvement  through 
her  limits;  and  that  articles  imported  into  the 
State  through  that  channel,  for  sale  or  consump 
tion  there,  should  be  s-ubjected  to  no  other  du 
ties  or  imposts  than  they  would  be  liable  to,  if 
imported  by  any  other  channel.  This  proposition 
was,  in  like  manner,  adopted.2 

In  conjunction  with  the  measures  for  the  im 
provement  of  the  river  Potomac  and  its  connec 
tions,  the  attention  of  the  legislature  was  naturally 
turned  to  that  other  great  avenue  for  the  com 
merce  of  the  West  with  which  the  bounty  of 
Providence  had  endowed  Virginia.  A  bill  for 
"opening  and  extending  the  navigation  of  James 
River"  was  brought  in  by  Mr.  Madison,3  and 

1  See  Journal  of  House  of  Delegates,  October  session,  17H4,  p.  101. 

2  Idem,  p.  91. 

3  Idem,  pp.  70  and  75. 


624  LIFE  AND   TIMES   OF  MADISON. 

finally  passed  with  provisions  analogous  to  those 
contained  in  the  act  for  the  improvement  of  the 
Potomac. 

As  a  necessary  complement  of   this   measure, 
and  still  keeping  in  view  the  great  object  of  a 
commercial  intercourse  with  the  West,  Mr.  Mad 
ison  moved   that  commissioners  be   appointed  to 
make  an  accurate  examination  and  survey  of  the 
upper  parts  of  James  River,  of  the  nearest  nav 
igable  waters  flowing  into  the  Ohio,  and  of  the 
best  route   of  communication   between    the   two, 
and  to  report  the  results  of  their  examination  to 
the  next  General  Assembly,  in  order  that  proper 
steps  be  then  taken  to  complete  the  connection. 
Looking,  at  the   same   time,  to  a  commercial  in 
tercourse   with  the   South  through    the   channels 
which  nature  had  provided  for  Virginia   on  that 
side  of  her  territory,  he  moved  also  that  an  ex 
amination  be  made  of  the  best  course  for  a  canal 
from  the  waters  of  Elizabeth  River  to  those  of 
Albemarle   Sound,  that  the  result  be  reported  to 
the  ensuing  session  of  the   legislature,  and  that 
the  cooperation  of  North   Carolina,  if  necessary, 
be  invited    in    the   execution  of  the  work.     All 
these  propositions  were  adopted.1 

Thus,  by  the  direct  agency  of  Mr.  Madison  in 
the  legislature  of  Virginia,  was  the  broad  foun 
dation  laid  of  that  whole  system  of  internal 
improvements  which  has  ever  since  been  the 
cherished  object  of  her  policy,  though,  unfortu- 

1  See  Journal  of  House  of  Delegates,  October  session,  1784,  p.  102. 


HIS  TRIBUTE  TO   WASHINGTON.  625 

nately,  not  followed  up  by  succeeding  legislators 
with  the  energy  and  promptitude  necessary  to 
secure  the  prize  that  nature  seemed  to  have  de 
signed  for  her.  It  is  edifying  to  observe  how 
quickly  and  earnestly  the  statesmen  of  the  Revo 
lution,  uniting  with  the  great  chief  whose  opera 
tions  they  had  sustained  in  the  field,  turned  their 
attention  to  the  fruitful  and  durable  labors  of 
peace,  the  moment  the  contest  for  national  inde 
pendence  was  ended.  General  Washington,  by 
the  weight  of  his  opinions  and  his  commanding 
influence  in  the  country,  and  Mr.  Madison,  by 
his  exertions  in  the  legislature,  inaugurated  this 
noble  career  of  civic  wisdom  and  practical  use 
fulness  on  the  theatre  of  Virginia. 

How  truly  Mr.  Madison  was  penetrated  with 
the  dignity  and  importance  of  these  labors,  and 
with  what  sagacity  he  cast  the  horoscope  of  the 
fortunes  of  his  native  State  as  connected  with 
them,  if  they  had  been  carried  forward  with  the 
requisite  energy  to  a  seasonable  consummation, 
is  shown  by  what  he  says,  in  a  letter  written  at 
the  time,  of  the  agency  of  General  Washington 
in  them;  much  of  which  will  be  felt  to  be  ap 
plicable  to  the  writer  himself,  however  sedulously 
he  avoided  the  remotest  allusion  to  the  part, 
prominent  as  it  was,  he  had  performed  in  the 
common  service. 

"The  earnestness,"  he  says,  "with  which  Gen 
eral  Washington  espouses  the  undertaking  is 
hardly  to  be  described,  and  shows  that  a  mind 

VOL.  I.  53 


626  LIFE   AXD  TIMES  OF  MADISON. 

like  his.  capable  of  great  views,  and  which  has 
long  been  occupied  with  them,  cannot  bear  a 
TOcancy.  And  surely  he  could  not  have  chosen 
an  occupation  more  worthy  of  succeeding  to  that 
of  establishing  the  political  rights  of  his  country 
than  the  patronage  of  works  for  the  extensive 
and  lasting  improvement  of  its  natural  advan 
tages, —  works  which  will  double  the  value  of 
half  the  lands  within  the  Commonwealth,  will 
extend  its  commerce,  link  with  its  interests  those 
of  the  Western  States,  and  lessen  the  emigration 
of  its  citizens  by  enhancing  the  profitableness  of 
situations  which  they  now  desert  in  search  of 
better." l 

The  grateful  sentiments  of  the  legislature, 
evoked  anew  by  the  deep  interest  General  Wash 
ington  had  shown  in  the  permanent  prosperity 
and  improvement  of  his  native  State,  sought  some 
new  and  more  substantial  expression.  By  some 
persons  a  direct  pension  was  proposed.  But  to 
Mr.  Madison  it  seemed  that  the  most  delicate  and 
appropriate  form  in  which  a  reward  could  be 
presented  to  the  sensitive  mind  of  Washington, 
if  he  could  be  prevailed  on  to  accept  any,  was 
to  vest  in  him  a  certain  interest  in  the  stock  of 
the  companies  that  had  just  been  established  for 
the  improvement  of  the  two  great  rivers  of  the 
State,  —  public  and  noble  enterprises  on  which 
he  had  already  bestowed  so  much  patriotic  solici- 


,  1785. 


ACT  OF  LEGISLATIVE  ACKNOWLEDGMENT.   627 

On  the  motion  of  Mr.  Madison,  therefore,  leave 
was  given  to  hring  in  a  bifl  for  that  purpose; 
and  by  the  same  order  of  the  House  he  was 
appointed  &>?e  committee  to  prepare  and  bring  it 
in.1  The  bUl  was  immediately  reported  by  him, 
and  the  day  after,  was  unanimously  passed  by 
both  branches  of  the  legislature.  It  directed  the 
treasurer  of  the  State  to  make  a  special  sub 
scription  of  fifty  shares  hi  the  Potomac  Company, 
(of  the  value  of  $144  each  share,)  and  of  one 
hundred  shares  in  the  James  River  Company, 
(of  the  value  of  $200  each  share.}  in  addition  to 
the  original  subscription  made  on  behalf  of  the 
State ;  and  the  additional  shares,  so  to  be  sub 
scribed  for,  were  declared  to  be  -vested  in 
George  Washington.  Esq.,  his  heirs  and  assigns 
forever,  in  as  effectual  a  manner  as  if  the  said 
subscriptions  had  been  made  by  himself  or  his 
attorney." 

But  the  real  value  of  this  public  recompense,  to 
the  mind  of  Washington,  was  in  the  preamble  of 
the  act  by  which  it  was  offered.  The  pen  of  Mr. 
Madison  was  never  more  congenially  or  happily 
emploved  than  in  recording  the  praises  of  the 
great  benefactor  of  his  country.  It  thus  nobly 
set  forth  in  the  preamble  the  motives  of  the 
grant :  — 

u  Whereas  it  is  the  desire  of  the  representa 
tives  of  this  Commonwealth  to  embrace  every 
suitable  occasion  of  testifying  their  sense  of  the 

i  T i!  irTTiiiiiu  if  Tiiltiiiii.nmiliin  i |T-_«~'  r  1<MB 


628  LIFE   AND   TIMES   OF  MADISON. 

unexampled  merits  of  George  Washington  towards 
his  country,  and  it  is  their  wish  in  particular 
that  those  great  works  for  its  improvement,  which, 
both  as  springing  from  the  liberty  which  he  has 
been  instrumental  in  establishing,  and  as  encour 
aged  by  his  patronage,  will  be  durable  monu 
ments  of  his  glory,  may  be  made  monuments 
also  of  the  gratitude  of  his  country."  Then  fol 
lows  the  enactment.1  With  this  graceful  act  of 
public  sensibility  and  acknowledgment  terminat 
ed,  on  the  5th  of  January,  1785,  the  session  of 
the  legislature. 

It  was  not  long  after  the  adjournment  of  the 
legislature  that  the  minds  of  the  people  began 
to  be  earnestly  directed  to  the  consideration  of 
the  bill  proposing  a  general  assessment  for  "the 
support  of  teachers  of  the  Christian  religion." 
This  bill,  we  have  seen,  had  passed  through  sev 
eral  stages  of  its  parliamentary  progress  at  the 
late  session,  and  was  then  ordered  to  be  "en- 

1  Hen.  Stat  vol.  xi.  pp.  525,  October,  1785,  in  Sparks's  Wash- 
526.  This  testimony  of  the  appre-  ington,  vol.  ix.  pp.  142, 143.  The 
ciation  of  his  native  State  was  shares  in  the  James  River  Corn- 
received  by  Washington  with  the  pany  were  applied  by  him  to  the 
same  warmth  of  sensibility  and  ac-  better  endowment  of  Liberty  Hall 
knowledgment  that  prompted  it  on  Academy,  at  Lexington,  in  Rock- 
the  part  of  the  legislature.  But  bridge  County,  which  afterwards 
he  declined  to  take  any  personal  assumed  the  name  of  Washington 
benefit  from  it,  and  consented  to  College;  and  the  Potomac  shares 
hold  the  stock  vested  in  him  by  the  were  set  apart  by  his  will,  as  well 
act  only  as  a  trust  fund,  to  be  ap-  as  by  a  previous  assignment,  in  aid 
plied  to  some  object  of  public  and  of  the  establishment  of  a  university 
general  utility.  See  his  noble  and  in  the  District  of  Columbia.  See 
graceful  letter  to  the  governor,  Idem,  vol.  xi.  pp.  3,  4,  14-16,  and 
Patrick  Henry,  dated  the  29th  of  172,  173. 


ASSESSMENT  BILL  BEFORE  THE  PEOPLE.     629 

grossed";  but  its  third  reading  was  finally  post 
poned  to  the  next  meeting  of  the  legislature, 
which  was  to  take  place  in  the  month  of  October 
of  the  present  year.  Twenty-four  copies  of  the 
bill,  with  the  ayes  and  noes  on  the  question  of 
postponement,  were  ordered  to  be  sent  to  each 
county;  and  the  people  were  requested  to  sig 
nify  their  sense,  respecting  its  adoption,  to  the 
ensuing  Assembly. 

Rarely  has  an  issue  of  more  vital  importance 
to  the  liberty  and  happiness  of  a  free  people  — 
and  yet  one  which  had  already  divided,  and 
might  well  continue  to  divide,  the  opinions  of 
good  men  —  been  submitted  to  the  direct  arbit 
rament  of  the  popular  will.  Mr.  Madison's  con 
victions  upon  it  were  most  profound.  From 
early  manhood  to  this  decisive  moment,  he  had 
been  the  earnest  and  steady  champion  of  relig 
ious  liberty  in  its  widest  latitude.  He  had  stood 
up  nobly  and  manfully,  during  the  late  session 
of  the  legislature,  in  opposition  to  the  proposed 
measure,  against  a  most  formidable  array  of  tal 
ents,  numbers,  popularity,  and  influence.  Allies, 
too,  on  whom  he  had  counted,  as  having  taken 
a  most  able  and  efficient  part  in  the  earlier 
struggles  for  religious  freedom,  were  now  sepa 
rated  from  their  ancient  standard,  temporarily  at 
least,  by  the  new  and  seductive  form  in  which 
the  question  was  presented. 

Under  these  circumstances,  it  may  well  be  con 
ceived  with  what  deep  interest  and  anxiety  Mr. 

53* 


630  LIFE   AND  TIMES   OF  MADISON. 

Madison  watched  the  progress  of  this  great  cause 
before  the  forum  where  it  was  to  receive  its 
final  decision.  We  give  the  following  extracts 
from  his  correspondence  with  Mr.  Monroe,  then 
a  delegate  in  Congress  from  Virginia,  as  exhibit 
ing  the  successive  phases  of  the  important  trial. 
On  the  12th  of  April,  1785,  he  writes  to  him:  — 

"The  only  proceeding  of  the  late  session  of 
Assembly  which  makes  a  noise  through  the 
country,  is  that  which  relates  to  a  general  as 
sessment.  The  Episcopal  people  are  generally 
for  it,  though  I  think  the  zeal  of  some  of  them 
has  cooled.  The  laity  of  the  other  sects  are  gen 
erally  unanimous  on  the  other  side.  So  are  all 
the  clergy,  except  the  Presbyterian,  who  seem  as 
ready  to  set  up  an  establishment  which  is  to 
take  them  in  as  they  were  to  pull  down  that 
which  shut  them  out.  I  do  not  know  a  more 
shameful  contrast  than  might  be  found  between 
their  memorials  on  the  latter  and  former  occa 
sion." 

On  the  29th  of  May  he  writes:  "The  adver 
saries  to  the  assessment  begin  to  think  the  pros 
pect  here  flattering  to  their  wishes.  The  printed 
bill  has  excited  great  discussion,  and  is  likely  to 
prove  the  sense  of  the  community  to  be  in  favor 
of  the  liberty  now  enjoyed.  I  have  heard  of 
several  counties  where  the  late  representatives 
have  been  laid  aside  for  voting  for  the  bill,  and 
not  a  single  one  where  the  reverse  has  hap 
pened.  The  Presbyterian  clergy,  too,  who  were 


REMONSTRANCE  DRAWN  BY  MR.  MADISON.    631 

in  general  friends  to  the  scheme,  are  already  in 
another  tone,  —  either  compelled  by  the  laity  of 
that  sect,  or  alarmed  at  the  probability  of  farther 
interference  of  the  legislature  if  they  begin  to 
dictate  in  matters  of  religion." 

On  the  21st  of  June  he  again  writes:  "A 
very  warm  opposition  will  be  made  to  this  inno 
vation  [the  general  assessment]  by  the  people 
of  the  middle  and  back  counties,  particularly  the 
latter.  They  do  not  scruple  to  declare  it  an 
alarming  usurpation  on  their  fundamental  rights; 
and  that,  though  the  General  Assembly  should 
give  it  the  form,  they  will  not  give  it  the  validity 
of  a  law.  If  there  be  any  limitation  to  the  power 
of  the  legislature,  —  particularly  if  this  limitation 
is  to  be  sought  in  our  Declaration  of  Eights,  or 
form  of  government,  —  I  own  the  bill  appears  to 
me  to  warrant  this  language  of  the  people." 

It  was  soon  felt  that  the  opposition  which  had 
been  manifested  to  this  measure,  with  arguments 
of  due  weight  to  justify  and  strengthen  the  pop 
ular  sentiment,  should  be  embodied  in  a  perma 
nent  and  imposing  form,  and  go  before  the 
legislature  under  the  sign  manual  of  the  constit 
uent  body.  The  noble  lead  which  Mr.  Madison 
had  taken  in  the  question,  and  his  superior  and 
recognized  ability,  pointed  him  out  at  once  for 
the  task.  At  the  instance  of  Colonel  Mason,  Mr. 
George  Nicholas,  and  other  distinguished  friends 
of  religious  freedom,  he  prepared  a  "  Memorial 
and  Kemonstrance "  to  the  legislature  against  the 


632  LIFE   AND   TIMES   OF  MADISON. 

proposed  assessment,  to  be  circulated  among  the 
people.  In  this  masterly  paper,  he  discussed  the 
question  of  an  establishment  of  religion  by  law 
from  every  possible  point  of  view,  —  of  natural 
right,  the  inherent  limitations  of  the  civil  power, 
the  interests  of  religion  itself,  the  genius  and 
precepts  of  Christianity,  the  warning  lessons  of 
history,  the  dictates  of  a  wise  and  sober  policy, 
—  and  treated  them  all  with  a  consummate  power 
of  reasoning,  and  a  force  of  appeal  to  the  under 
standings  and  hearts  of  the  people,  that  bore 
down  every  opposing  prejudice,  and  precluded 
reply.  It  was  diffused  extensively  through  the 
State,  and  was  rapidly  covered  with  the  signa 
tures  of  the  voters. 

When  the  Assembly  met  in  October,  the  table 
of  the  House  of  Delegates  almost  sunk  under 
the  weight  of  the  accumulated  copies  of  the  me 
morial  sent  forward  from  the  different  counties, 
each  with  its  long  and  dense  column  of  sub 
scribers.  The  fate  of  the  assessment  was  sealed. 
The  manifestation  of  the  public  judgment  was 
too  unequivocal  and  overwhelming  to  leave  the 
faintest  hope  to  the  friends  of  the  measure  It 
was  abandoned  without  a  struggle.1 

l  Some  very  intelligent  writers  the  bar  of  the  House  of  Delegates, 

appear  to   have    confounded    the  in  opposition  to  the  assessment  bill, 

act  "  incorporating  the  Protestant  (Evan,  and  Lit.  Mag.  vol.  ix.  pp. 

Episcopal  Church"  with  the  Gen-  43-47,  cited  by  Mr.  Howison  in  hu 

eral  Assessment  Bill.     It  has  been  interesting  History  of  Virginia,  vol. 

stated,  for  example,  that  in  1 785  n.  p.  298.)    And  yet  another  most 

the   Rev.  John   Blair  Smith  was  respectable  authority,  belonging  to 

heard  for  three  successive  days,  at  the  same   religious  denomination 


HIS  ZEAL  FOR  RELIGIOUS  FREEDOM.         633 

Under  cover  of  this  signal  victory  won  before 
the  people  by  the  irresistible  voice  of  truth,  the 
declaratory  act  for  the  "establishment  of  relig 
ious  freedom,"  which  had  been  drawn  by  Mr. 
Jefferson,  as  one  of  the  committee  of  revisors, 
and  presented  to  the  legislature  in  1779,  with 
the  rest  of  the  revised  bills,  was  taken  up  and 
passed  into  a  law.  The  "Memorial  and  Reinon- 
strance  "  had  cleared  away  every  obstruction,  and 
so  smoothed  the  ground  before  it  that  its  passage 
became  a  matter  of  course. 

When  the  early  and  conscientious  zeal  of  Mr. 
Madison  in  the  cause  of  religious  freedom,  so 
beautifully  and  strikingly  displayed,  even  before 
the  Revolution,  in  his  correspondence  with  his 
friend  Bradford ;  his  sagacious  and  pregnant 
amendment  to  the  Virginia  Bill  of  Rights  in 
1776 ;  his  brave  and  manly  struggle  against  the 
embattled  hosts  of  the  assessment  in  the  legisla 
ture  of  1784 ;  and  his  glorious  authorship  of  the 
"Memorial  and  Remonstrance"  in  1785  —  the 
crowning  victory  in  the  momentous  contest  — 
are  considered  ;  to  him,  of  all  the  men  of  his  age, 
posterity  will  award  the  meed  of  preeminence 
for  long,  earnest,  persevering,  and  efficient  exer- 

with    Dr.    Smith,  (Baird's   Relig-  copal  Church ;  and  the  probability, 

ion  in   America,  p.  110,)   relates  therefore,  is  that  the  reported  ar- 

that  he   had   been  won  over  by  gument  at  the  bar  of  the  House 

Patrick  Henry  in  favor  of  the  as-  was  in  opposition  to  that  act  more 

sessment.     Dr.  Smith  was  warmly  particularly,  and  in  order  to  obtain 

opposed,    as    his    correspondence  its  repeal,  which  took  place  a  year 

with  Mr.  Madison  shows,  to  the  act  afterwards, 
incorporating  the  Protestant  Epis- 


634  LIFE  AND  TIMES   OF  MADISON. 

tions  in  defence  of  one  of  the  most  precious 
rights  of  human  nature  —  the  basis  of  every 
other,  and  the  indispensable  guarantee  of  civil 
and  political  liberty. 

As  a  triumphant  plea  in  that  great  cause, 
never  surpassed  in  power  or  eloquence  by  any 
which  its  stirring  interests  have  called  forth,  and 
as  a  monument  of  the  genius,  ability,  and  love 
of  liberty  of  the  author,  which,  if  he  had  left  no 
other  behind  him,  would  suffice  to  transmit  his 
name  with  honor  to  future  ages,  and  ought  to 
render  it  forever  dear  to  his  country,  —  we  annex 
here  this  noble  production  of  the  mind  and  heart 
of  Mr.  Madison,  that  the  reader  may  be  enabled 
to  form  his  own  estimate  of  its  merits,  as  well 
as  to  profit  by  its  lessons  of  wisdom  and  justice. 


Memorial  and  Remonstrance   against  the  Bill   "  establishing  a   legal 
Provision  for  Teachers  of  the  Christian  Religion." 

To  the  Honorable  the  General  Assembly  of  the  Commonwealth  of 
Virginia :  — 

We  the  subscribers,  citizens  of  the  said  Commonwealth,  having 
taken  into  serious  consideration  a  bill  printed  by  order  of  the  late  ses 
sion  of  the  General  Assembly,  entitled  "  A  Bill  establishing  a  Provision 
for  Teachers  of  the  Christian  Religion,"  and  conceiving  that  the  same, 
if  finally  armed  with  the  sanctions  of  a  law,  will  be  a  dangerous  abuse 
of  power,  are  bound,  as  faithful  members  of  a  free  State,  to  remon 
strate  against  it,  and  to  declare  the  reasons  by  which  we  are  deter 
mined.  We  remonstrate  against  the  said  bill ;  — 

Because  we  hold  it  for  a  fundamental  and  undeniable  truth,  "  that 
religion,  or  the  duty  which  we  owe  to  our  Creator,  and  the  manner  of 
discharging  it,  can  be  directed  only  by  reason  and  conviction,  not  by 


MEMORIAL   AND  REMONSTRANCE.  635 

force  or  violence."  *  The  religion,  then,  of  every  man  must  be  left  to 
the  conviction  and  conscience  of  every  man  ;  and  it  is  the  ri«*ht  of 
every  man  to  exercise  it  as  these  may  dictate.  This  right  is,  in  its  na 
ture,  an  inalienable  right.  It  is  inalienable,  because  the  opinions  of 
men,  depending  only  on  the  evidence  contemplated  by  their  own 
minds,  cannot  follow  the  dictates  of  other  men ;  it  is  inalienable  also, 
because  what  is  here  a  right  towards  men  is  a  duty  towards  the  Crea 
tor.  It  is  the  duty  of  every  man  to  render  to  the  Creator  such  homage, 
and  such  only,  as  he  believes  to  be  acceptable  to  Him.  This  duty  is 
precedent,  both  in  order  of  time  and  in  degree  of  obligation,  to  the 
claims  of  civil  society.  Before  any  man  can  be  considered  as  a  mem 
ber  of  civil  society,  he  must  be  considered  as  a  subject  of  the  Governor 
of  the  Universe ;  and  if  a  member  of  civil  society  who  enters  into  any 
subordinate  association  must  always  do  it  with  a  reservation  of  his 
duty  to  the  general  authority,  much  more  must  every  man  who  be 
comes  a  member  of  any  particular  civil  society,  do  it  with  a  saving  of 
his  allegiance  to  the  Universal  Sovereign.  We  maintain,  therefore, 
that,  in  matters  of  religion,  no  man's  right  is  abridged  by  the  institu 
tion  of  civil  society,  and  that  religion  is  wholly  exempt  from  its  cogni 
zance.  True  it  is  that  no  other  rule  exists  by  which  any  question 
which  may  divide  a  society  can  be  ultimately  determined  than  the  will 
of  the  majority ;  but  it  is  also  true  that  the  majority  may  trespass  on 
the  rights  of  the  minority. 

Because,  if  religion  be  exempt  from  the  authority  of  the  society  at 
large,  still  less  can  it  be  subject  to  that  of  the  legislative  body.  The 
latter  are  but  the  creatures  and  vicegerents  of  the  former.  Their  ju 
risdiction  is  both  derivative  and  limited.  It  is  limited  with  regard  to 
the  coordinate  departments ;  more  necessarily  is  it  limited  with  regard 
to  the  constituent.  The  preservation  of  a  free  government  requires, 
not  merely  that  the  metes  and  bounds  which  separate  each  depart 
ment  of  power  be  invariably  maintained,  but  more  especially  that 
neither  of  them  be  suffered  to  overleap  the  great  barrier  which  defends 
the  rights  of  the  people.  The  rulers  who  are  guilty  of  such  an  en 
croachment  exceed  the  commission  from  which  they  derive  their  au 
thority,  and  are  tyrants.  The  people  who  submit  to  it  are  governed 
by  laws  made  neither  by  themselves  nor  by  an  authority  derived  from 
them,  and  are  slaves. 

Because  it  is  proper  to  take  alarm  at  the  first  experiment  on  our  lib 
erties.  We  hold  this  prudent  jealousy  to  be  the  first  duty  of  citizens, 
and  one  of  the  noblest  characteristics  of  the  late  Revolution.  The 

*  Virginia  BUI  of  Rights,  art.  16. 


636  LIFE  AND  TIMES   OF  MADISON. 

freemen  of  America  did  not  wait  till  usurped  power  had  strengthened 
itself  by  exercise  and  entangled  the  question  in  precedents.  They 
saw  all  the  consequences  in  the  principle  ;  and  they  avoided  the  conse 
quences  by  denying  the  principle.  We  revere  this  lesson  too  much 
Boon  to  forget  it.  Who  does  not  see  that  the  same  authority  which  can 
establish  Christianity  to  the  exclusion  of  all  other  religions  may  estab 
lish,  with  the  same  ease,  any  particular  sect  of  Christians  in  exclusion 
of  all  other  sects  ?  that  the  same  authority  which  can  force  a  citizen 
to  contribute  threepence  only  of  his  property  for  the  support  of  any 
one  establishment  may  force  him  to  conform  to  any  other  establish 
ment,  in  all  cases  whatsoever  ? 

Because  the  bill  violates  that  equality  which  ought  to  be  the  basis  of 
every  law,  and  which  is  more  indispensable  in  proportion  as  the  valid 
ity  or  expediency  of  any  law  is  more  liable  to  be  impeached.  "  If  all 
men  are  by  nature  equally  free  and  independent,"  *  all  men  are  to  be 
considered  as  entering  into  society  on  equal  conditions,  —  as  relin 
quishing  no  more,  and  therefore  retaining  no  less,  one  than  another,  of 
their  natural  rights.  Above  all,  are  they  to  be  considered  as  retaining 
"  an  equal  title  to  the  free  exercise  of  religion  according  to  the  dictates 
of  conscience."  f  Whilst  we  assert  for  ourselves  a  freedom  to  embrace, 
to  profess,  and  to  observe  the  religion  which  we  believe  to  be  of  divine 
origin,  we  cannot  deny  an  equal  freedom  to  those  whose  minds  have 
not  yet  yielded  to  the  evidence  which  has  convinced  us.  If  this  free 
dom  be  abused,  it  is  an  offence  against  God,  not  against  man.  To 
God,  therefore,  not  to  man,  must  an  account  of  it  be  rendered.  As  the 
bill  violates  equality  by  subjecting  some  to  peculiar  burdens,  so  it  vio 
lates  the  same  principle  by  granting  to  others  peculiar  exemptions. 
Are  the  Quakers  and  Menonists  the  only  sects  who  think  a  compulsive 
support  of  their  religions  unnecessary  and  unwarrantable  ?  Can  their 
piety  alone  be  intrusted  with  the  care  of  public  worship  ?  Ought 
their  religions  to  be  endowed,  above  all  others,  with  extraordinary 
privileges,  by  which  proselytes  may  be  enticed  from  all  others  ?  We 
think  too  favorably  of  the  justice  and  good  sense  of  these  denomina 
tions  to  believe  that  they  either  covet  preeminences  over  their  fellow- 
citizens,  or  that  they  will  be  seduced  by  them  from  the  common  oppo 
sition  to  the  measure. 

Because  the  bill  implies  either  that  the  civil  magistrate  is  a  competent 
judge  of  religious  truth,  or  that  he  may  employ  religion  as  an  engine 
of  civil  policy.  The  first  is  an  arrogant  pretension,  falsified  by  the 
contradictory  opinions  of  rulers  in  all  ages  and  throughout  the  world ; 
the  second,  an  unhallowed  perversion  of  the  means  of  salvation. 
*  Virginia  Bill  of  Rights,  art.  1.  f  Idem,  art.  16. 


MEMORIAL  AND  REMONSTRANCE.  637 

Because  the  establishment  proposed  by  the  bill  is  not  requisite  for 
the  support  of  the  Christian  religion.  To  say  that  it  is,  is  a  contradic 
tion  to  the  Christian  religion  itself;  for  every  page  of  it  disavows  a  de 
pendence  on  the  powers  of  this  world.  It  is  a  contradiction  to  fact,  for  it 
is  known  that  this  religion  both  existed  and  flourished  not  only  without 
the  support  of  human  laws,  but  in  spite  of  every  opposition  from  them, 
and  not  only  during  the  period  of  miraculous  aid,  but  long  after  it  had 
been  left  to  its  own  evidence  and  the  ordinary  care  of  Providence. 
Nay,  it  is  a  contradiction  in  terms ;  for  a  religion  not  invented  by 
human  policy  must  have  preexisted  and  been  supported  before  it  was 
established  by  human  policy.  Moreover,  it  is  to  weaken,  in  those  who 
profess  this  religion,  a  pious  confidence  in  its  innate  excellence  and 
the  patronage  of  its  Author;  and  to  foster,  in  those  who  still  reject  it,  a 
suspicion  that  its  friends  are  too  conscious  of  its  fallacies  to  trust  it  to 
its  own  merits. 

Because  experience  witnesseth  that  ecclesiastical  establishments,  in 
stead  of  maintaining  the  purity  and  efficacy  of  religion,  have  had  a 
contrary  operation.  During  almost  fifteen  centuries  has  the  legal  es 
tablishment  of  Christianity  been  on  trial.  What  have  been  its  fruits  ? 
More  or  less  in  all  places,  pride  and  indolence  in  the  clergy,  ignorance 
and  servility  in  the  laity;  in  both,  superstition,  bigotry,  and  persecu 
tion.  Inquire  of  the  teachers  of  Christianity  for  the  ages  in  which  it 
appeared  in  its  greatest  lustre :  those  of  every  sect  point  to  the  ages 
prior  to  its  incorporation  with  civil  policy.  Propose  a  restoration  of 
this  primitive  state,  in  which  its  teachers  depended  on  the  voluntary 
rewards  of  their  flocks  :  many  of  them  predict  its  downfall.  On  which 
side  ought  their  testimony  to  have  greatest  weight  ?  when  for,  or  when 
against,  their  interest  ? 

Because  the  establishment  in  question  is  not  necessary  for  the  sup 
port  of  civil  government.  If  it  be  urged  as  necessary  for  the  support 
of  civil  government  only  as  it  is  a  means  of  supporting  religion,  and  it 
be  not  necessary  for  the  latter  purpose,  it  cannot  be  necessary  for  the 
former.  If  religion  be  not  within  the  cognizance  of  civil  government, 
how  can  its  legal  establishment  be  necessary  to  civil-  government  ? 
What  influence,  in  fact,  have  ecclesiastical  establishments  had  on  civil 
society  ?  In  some  instances  they  have  been  seen  to  erect  a  spiritual 
tyranny  on  the  ruins  of  the  civil  authority  ;  in  many  instances  they 
have  been  seen  upholding  the  thrones  of  political  tyranny ;  in  no  in 
stance  have  they  been  seen  the  guardians  of  the  liberties  of  the  people. 
Rulers  who  wished  to  subvert  the  public  liberty  may  have  found  an 
established  clergy  convenient  auxiliaries.  A  just  government,  insti- 
VOL.  I.  54 


638  LIFE   AND   TIMES   OF  MADISON. 

tuted  to  secure  and  perpetuate  it,  needs  them  not.  Such  a  government 
will  be  best  supported  by  protecting  every  citizen  in  the  enjoyment  of 
his  religion  with  the  same  equal  hand  which  protects  his  person  and 
his  property,  —  by  neither  invading  the  equal  rights  of  any  sect,  nor 
suffering  any  sect  to  invade  those  of  another. 

Because  the  proposed  establishment  is  a  departure  from  that  gener 
ous  policy  which,  offering  an  asylum  to  the  persecuted  and  oppressed 
of  every  nation  and  religion,  promised  a  lustre  to  our  country  and  an 
accession  to  the  number  of  its  citizens.  What  a  melancholy  mark  is 
the  bill  of  sudden  degeneracy !  Instead  of  holding  forth  an  asylum 
to  the  persecuted,  it  is  itself  a  signal  of  persecution.  It  degrades  from 
the  equal  rank  of  citizens  all  those  whose  opinions  in  religion  do  not 
bend  to  those  of  the  legislative  authority.  Distant  as  it  may  be,  in  its 
present  form,  from  the  Inquisition,  it  differs  from  it  only  in  degree. 
The  one  is  the  first  step,  the  other  the  last,  in  the  career  of  intolerance. 
The  magnanimous  sufferer  under  this  cruel  scourge,  in  foreign  regions, 
must  view  the  bill  as  a  beacon  on  our  coast,  warning  him  to  seek  some 
other  haven,  where  liberty  and  philanthropy,  in  their  due  extent,  may 
offer  a  more  certain  repose  from  his  troubles. 

Because  it  will  have  a  like  tendency  to  banish  our  citizens.  The 
allurements  presented  by  other  situations  are  every  day  thinning  their 
number.  To  superadd  a  fresh  motive  to  emigration,  by  revoking  the 
liberty  which  they  now  enjoy,  would  be  the  same  species  of  folly  which 
has  dishonored  and  depopulated  flourishing  kingdoms. 

Because  it  will  destroy  that  moderation  and  harmony  which  the  for 
bearance  of  our  laws  to  intermeddle  with  religion  has  produced  among 
its  several  sects.  Torrents  of  blood  have  been  spilled  in  the  Old  World, 
in  consequence  of  vain  attempts  of  the  secular  arm  to  extinguish  relig 
ious  discord  by  proscribing  all  differences  in  religious  opinion.  Time 
has  at  length  revealed  the  true  remedy.  Every  relaxation  of  narrow 
and  rigorous  policy,  wherever  it  has  been  tried,  has  been  found  to  as 
suage  the  disease.  The  American  theatre  has  exhibited  proofs  that 
equal  and  complete  liberty,  if  it  does  not  wholly  eradicate  it,  suffi 
ciently  destroys  its  malignant  influence  on  the  health  and  prosperity 
of  the  State.  If,  with  the  salutary  effects  of  this  system  under  our 
own  eyes,  we  begin  to  contract  the  bounds  of  religious  freedom,  we 
know  no  name  which  will  too  severely  reproach  our  folly.  At  least, 
let  warning  be  taken  at  the  first  fruits  of  the  threatened  innovation. 
The  very  appearance  of  the  bill  has  transformed  "  that  Christian  for 
bearance,  love,  and  charity "  *  which  of  late  mutually  prevailed  into 
*  Virginia  Bill  of  Rights,  art.  16. 


MEMORIAL   AND  REMONSTRANCE.  639 

animosities  and  jealousies  which  may  not  soon  be  appeased.  What 
mischiefs  may  not  be  dreaded,  should  this  enemy  to  the  public  quiet  be 
armed  with  the  force  of  a  law  ? 

Because  the  policy  of  the  bill  is  adverse  to  the  diffusion  of  the  light 
of  Christianity.  The  first  wish  of  those  who  enjoy  this  precious  gift 
ought  to  be  that  it  may  be  imparted  to  the  whole  race  of  mankind. 
Compare  the  number  of  those  who  have  as  yet  received  it  with  the 
number  still  remaining  under  the  dominion  of  false  religions,  and  how 
small  is  the  former!  Does  the  policy  of  the  bill  tend  to  lessen  the 
disproportion  ?  No ;  it  at  once  discourages  those  who  are  strangers  to 
the  light  of  revelation  from  coming  into  the  region  of  it,  and  counte 
nances  by  example  the  nations  who  continue  in  darkness  in  shutting 
out  those  who  might  convey  it  to  them.  Instead  of  levelling,  as  far  as 
possible,  every  obstacle  to  the  victorious  progress  of  truth,  the  bill, 
with  an  ignoble  and  unchristian  timidity,  would  circumscribe  it  with  a 
wall  of  defence  against  the  encroachments  of  error. 

Because  attempts  to  enforce,  by  legal  sanctions,  acts  obnoxious  to  so 
great  a  proportion  of  citizens,  tend  to  enervate  the  laws  in  general,  and 
to  slacken  the  bonds  of  society.  If  it  be  difficult  to  execute  any  law 
which  is  not  generally  deemed  necessary  or  salutary,  what  must  be  the 
case  where  it  is  deemed  invalid  and  dangerous  ?  And  what  may  be 
the  effect  of  so  striking  an  example  of  impotency  in  the  government 
on  its  general  authority  ? 

Because  a  measure  of  such  singular  magnitude  and  delicacy  ought 
not  to  be  imposed  without  the  clearest  evidence  that  it  is  called  for  by 
a  majority  of  citizens ;  and  no  satisfactory  method  is  yet  proposed  by 
which  the  voice  of  the  majority,  in  this  case,  may  be  determined,  or  its 
influence  secured.  "  The  people  of  the  respective  counties,"  indeed, 
"  are  requested  to  signify  their  Opinion  respecting  the  adoption  of  the 
bill  to  the  next  session  of  the  Assembly."  But  the  representation 
must  be  made  equal  before  the  voice  either  of  the  representatives  or 
of  the  counties  will  be  that  of  the  people.  Our  hope  is  that  neither 
of  the  former  will,  after  due  consideration,  espouse  the  dangerous  prin 
ciple  of  the  bill.  Should  the  event  disappoint  us,  it  will  still  leave  us 
in  full  confidence  that  a  fair  appeal  to  the  latter  will  reverse  the  sen 
tence  against  our  liberties. 

Because,  finally,  "  the  equal  right  of  every  citizen  to  the  free  exer 
cise  of  his  religion  according  to  the  dictates  of  conscience  "  is  held  by 
the  same  tenure  with  all  our  other  rights.  If  we  recur  to  its  origin,  it 
is  equally  the  gift  of  Nature ;  if  we  weigh  its  importance,  it  cannot  be 
less  dear  to  us ;  if  we  consult  the  declaration  of  those  rights  "  which 


640  LIFE   AND  TIMES   OF  MADISON. 

pertain  to  the  good  people  of  Virginia  as  the  basis  and  foundation  of 
government,"  *  it  is  enumerated  with  equal  solemnity,  or  rather  with 
studied  emphasis.  Either,  then,  we  must  say  that  the  will  of  the  legis 
lature  is  the  only  measure  of  their  authority,  and  that,  in  the  plenitude 
of  that  authority,  they  may  sweep  away  all  our  fundamental  rights ;  or 
that  they  are  bound  to  leave  this  particular  right  untouched  and  sacred. 
Either  we  must  say  that  they  may  control  the  freedom  of  the  press, 
may  abolish  the  trial  by  jury,  may  swallow  up  the  executive  and  judi 
ciary  powers  of  the  State,  —  nay,  that  they  may  despoil  us  of  our  very 
right  of  suffrage,  and  erect  themselves  into  an  independent  and  hered 
itary  assembly,  —  or  we  must  say  that  they  have  no  authority  to  enact 
into  a  law  the  bill  under  consideration. 

We,  the  subscribers,  say  that  the  General  Assembly  of  this  Common 
wealth  have  no  such  authority ;  and  in  order  that  no  effort  may  be 
omitted  on  our  part  against  so  dangerous  a  usurpation,  we  oppose  to  it 
this  remonstrance,  earnestly  praying,  as  we  are  in  duty  bound,  that  the 
Supreme  Lawgiver  of  the  Universe,  by  illuminating  those  to  whom  it  is 
addressed,  may,  on  the  one  hand,  turn  their  councils  from  every  act 
which  would  affront  His  holy  prerogative  or  violate  the  trust  committed 
to  them,  and,  on  the  other,  guide  them  into  every  measure  which  may 
be  worthy  of  His  blessing,  redound  to  their  own  praise,  and  establish 
more  firmly  the  liberties,  the  prosperity,  and  the  happiness  of  the  Com 
monwealth. 

*  BUI  of  Rights,  preamble. 


APPENDIX. 


A.     See  page  35. 
MR.  MADISDN'S  THEOLOGICAL  CATALOGUE  FOR  THE  LIBRARY  OF 

THE    UNIVERSITY. 

IT  was  in  1824,  when  the  University  of  Virginia  was  soon  to  be 
opened,  that  Mr.  Jefferson,  the  Rector,  applied  to  Mr.  Madison  for  his 
aid  in  making  out  a  catalogue  of  books  on  theology  for  the  library. 
In  a  letter  of  the  8th  of  August,  1824,  he  says  to  Mr.  Madison :  "  The 
chapter  in  which  I  am  most  at  a  loss  is  that  of  divinity ;  and  knowing 
that  in  your  early  days  you  bestowed  attention  on  this  subject,  I  wish 
you  could  suggest  to  me  any  works  really  worthy  of  a  place  in  the  cat 
alogue.  The  good  moral  writers,  Christian  as  well  as  pagan,  I  have 
set  down ;  but  there  are  writers  of  celebrity  in  religious  metaphysics, 
such  as  Duns  Scotus  et  alii  tales,  whom  you  can  suggest.  Pray  think 
of  it,  and  help  me."  Mr.  Madison  answered  on  the  16th  of  the  same 
month  :  "  I  will  endeavour  to  make  out  a  list  of  theological  works,  but 
am  less  qualified  for  the  task  than  you  seem  to  think,  and  fear  also  that 
my  catalogues  are  less  copious  than  might  be  wished.  There  is  a  diffi 
culty  in  marking  the  proper  limit  to  so  inexhaustible  a  chapter,  whether 
with  a  view  to  the  library  in  its  infant  or  more  mature  state." 

On  the  3d  of  September,  Mr.  Jefferson  wrote  again  to  Mr.  Madi 
son  :  "  I  am  near  closing  my  catalogue,  and  it  is  important  I  should 
receive  the  kindness  of  your  theological  supplement  by  the  first  or 
second  mail,  or  its  insertion  will  be  impracticable.  Be  so  good  as  to 
expedite  it  as  much  as  possible."  On  the  10th  of  the  month,  Mr.  Mad 
ison  wrote  the  following  answer,  and  accompanied  it  with  the  desired 
catalogue :  — 

"MOXTPELIER,  September  10th,  1824. 

"  DEAR  SIR  :    On  the  receipt  of  yours  of  August  8th,  I  turned  my 
thoughts  to  its  request  on  the  subject  of  a  theological  catalogue  for  the 
54* 


642  APPENDIX. 

library  of  the  University ;  and  not  being  aware  that  so  early  an  answer 
was  wished  as  I  now  find  was  the  case,  I  had  proceeded  very  leisurely 
in  noting  such  authors  as  seemed  proper  for  the  catalogue.  Supposing 
also  that,  although  theology  was  not  to  be  taught  in  the  University,  its 
library  ought  to  contain  pretty  full  information  for  such  as  might  vol 
untarily  seek  it  in  that  branch  of  learning,  I  had  contemplated  as  much 
of  a  comprehensive  and  systematic  selection  as  my  scanty  materials 
admitted,  and  had  gone  through  the  five  first  centuries  of  Christianity 
when  yours  of  the  3d  instant  came  to  hand,  which  was  the  evening  be 
fore  the  last.  This  conveyed  to  me  more  distinctly  the  limited  object 
your  letter  had  in  view,  and  relieved  me  from  a  task  which  I  found 
extremely  tedious,  especially  considering  the  intermixture  of  the  doc 
trinal  and  controversial  part  of  divinity  with  the  metaphysical  and 
moral  part,  and  the  immense  extent  of  the  whole. 

"  I  send  you  the  list  I  had  made  out,  with  an  addition,  on  the  same 
paper,  of  such  books  as  a  hasty  glance  at  a  few  catalogues  and  my 
recollection  suggested.  Perhaps  some  of  them  may  not  have  occurred 
to  you,  and  may  suit  the  blank  you  have  not  filled.  I  am  sorry  I  could 
not  make  a  fair  copy  without  failing  to  comply  with  the  time  pointed 
out. 

"  I  find  by  a  letter  from  Lafayette,  in  answer  to  a  few  lines  I  wrote 
him  on  his  arrival  at  New  York,  that  he  means  to  see  us  before  the 
19th  of  October,  as  you  have  probably  learned  from  himself.  His 
visit  to  the  United  States  will  make  an  annus  mirabilix  in  the  history 
of  liberty.  Affectionately  yours, 

"  JAMES  MADISOX. 
"  MR.  JEFFERSON." 

The  following  is  the  catalogue  enclosed  :  — 

CENTURY  I.  —  Polyglott.     Clement's  Epistles  to  the  Corinthians,  published  at 
Cambridge,  1788. 

Ignatius,  Epistles.     Amsterdam,  1607. 

Cotelier,  Recueil  de  Monumens  des  Peres  dans  les  Temps  apostoliques. 
Edit,  par  Le  Clerc.     Amsterdam,  1724. 

Flavius  Josephus  (in  English,  by  Winston).     Amsterdam,  1726.     2  v.  fol. 

Philo  Judzeus  (Greek  and  Latin).     English  Edition,  1742.    2  v.  fol. 

Lucian's  Works.     Amsterdam,  1743.     3  v.  4to. 

Fabricius,  Bibl.  Graec.    Delectus,  etc.    See  Mosheim,  v.  i.  p.  106. 
CKNT.  II.— Justin  Martyr's  Apology,  etc.    Ed.  by  Prudent  Maran,  Benedic 
tine. 

Hermias.     Oxford,  1700.     8vo. 

Athenagoras.     Oxford,  1706.     8vo. 

Clemens  Alexaudrinus.    Ed.  by  Potter.     Oxford,  1715.    2  v.  foL 


APPENDIX.  643 

Tertullian.    Venice,  1746.    1  v.  fol. 

Theophilus  of  Antioch  (first  adopted  the  term  Trinity).    1742.    1  v.  fol. 

Irenseus.     Ed.  by  Grabe.     1702.     1  v.  fol. 

Tatian,  against  the  Gentiles.     Oxford,  1700.     8vo. 

Ammonius  Saccas's  Harmony  of  the  Evangelists. 

Celsus  translated  par  Bonhereau.     Amsterdam,  1700.    4to. 
CENT.  III.  —  Minutius  Felix  (translated  by  Reeves).     Leyden,  1672.    8vo. 

Origen.     Gr.  and  Lat.    4  v.  fol. 

Cyprian  (translated  into  French  by  Lambert).     1  v.  fol. 

Gregory  Thaumaturgus.     Gr.  and  Lat.     1626.     1  v.  fol. 

Arnobius  Africanus.     Amsterdam,  1651.     1  v.  4to. 

Anatolius.     Antwerp,  1634.     1  v.  fol. 

Methodius  Eubulius.     Rome,  1656.     Svo. 

Philostratus  —  Life  of  Apolkmius   Tyanaeus.     Gr.   and   Lat.,   with  notat 

by  Godefroy  Olearius.     Leipsic. 
CENT.  IV.  —  Lactantius.     Edit,  by  Linglet.    Paris,  1748.    2  v.  4to. 

Eusebius  of  Csesarea. 

Athanasius,  par  Montfaucon.     1698.     3  v.  fol. 

Anton ius,  (founder  of  the  monastic  order,)  Seven  Letters,  etc.     Latin 

St.  Cyril  (of  Jerusalem).     Gr.  and  Lat.     Paris,  17-20.     1  v.  fol, 

St.  Hilary.     Ed.  by  Maffei.     Verona,  1730. 

Lucifer,  Bishop  of  Cagliari.     Paris,  1568.     1  v.  8vo. 

Epiphanius.     Gr.  and  Lat.     Edit.  Pere  Petau.     1622.    2  v.  fol. 

Optatus.    Ed.  by  Dtipin.     1700.    fol. 

Pacianus.     Paris,  1538.     4to. 

Basil  (Bishop  of  Caesarea).     Gr.  and  Lat.  1721.    3  v.  fol. 

Gregory  (of  Nazianzen).     Gr.  and  Lat.     Paris,  1609.     2  v.  fol. 

(of  Nyssa).     1615.     2  v.  fol. 

Ambrosius.     Paris,  1690.    2  v.  fol. 

Jerome.     Paris,  1693-1706.     5  v.  fol. 

Rufinus.     Paris,  1580.     1  v.  fol. 

Augustin.     1679-1700.     8  v.  fol. 

Chrysostom,  John.     Gr.  and  Lat.     10  v.  fol. 

Ammianus  Marcellinus. 

Julian's  Works. 
CENT.  V.  —  Sulpitius  Severus.    Verona,  1754.    2  v.  4to. 

Isidorus  (of  Pelusium).    Paris,  1638.     Gr.  and  Lat.     1  v.  fol. 

Cyril  (of  Alexandria).     Gr.  and  Lat.     6  v.  fol. 

Orosius.    Leyden,  1738.     4to. 

Theodoret.     Edit,  by  Pere  Simond.     Gr.  and  Lat.     6  v.  fol. 

Philostorgius,  by  Godefroi.     Gr.  and  Lat.     1642.     1  v.  4to. 

Vincentius  Lirinensis.     Rome.     4to. 

Socrates's  Eccles.  History. 

Sozomen's      do.        do. 

Leo  (the  Great),  by  Quesuel.     Lyons,  1700.    fol. 

jEneas  (of  Gaza).     Greek,  with  Latin  version  by  Barthiris.     1655.     4to. 


644  APPENDIX. 

MISCELLANEOUS.  Thomas  Aquinas,  (Doct.  Angelicas,)  Head  of  the  Thomists, 
12  v.  fol.  Duns  Scotus,  (Doctor  Subtilis,)  Head  of  the  Scotists,  12  v.  foL 
The  -Koran.  Cave's  Lives  of  the  Fathers.  Daille's  Use  and  Abuse  of  them 
Erasmus.  Luther.  Calvin.  Socinus.  Bellartnin.  Chillingworth.  Coun 
cil  of  Trent,  by  F.  Paul;  by  Pallavicini;  by  Basnage.  Grotius  on  Truth 
of  Christian  Religion.  Sherlock's  Sermons.  Tillotson's  Sermons.  Tille- 
mont.  Baronius.  Lardner.  Hooker's  Ecclesiastical  Polity.  Pearson  on  the 
Creed.  Burnet  on  Thirty-Nine  Articles.  Pascal's  Lettres  Provinciales  ; 
Pensdes.  Fe"nelon.  Bossuet.  Bourdaloue.  Saurin.  Fle"chier.  Massillon. 
Warburton's  Divine  Legation.  Hannah  Adams's  View  of  all  Religions. 
Stackhouse's  History  of  the  Bible.  Sir  Isaac  Newton's  Works  on  Religious 
Subjects.  Locke's  ditto.  Stillingfleet's  Controversy  with  him  on  the  Pos 
sibility  of  endowing  Matter  with  Thought.  Clarke  on  the  Being  and  Attri 
butes  of  God  ;  his  Sermons.  Butler's  Analogy.  Eight  Sermons  at  Boyle's 
Lecture,  by  Bentley.  Whitby  on  the  Five  Points.  VVhiston's  Theological 
Works.  Taylor's  (Jeremy)  Sermons.  John  Taylor  (of  Norwich)  against 
Original  Sin.  Edwards,  in  answer;  on  Free  Will;  on  Virtue.  Soame  Jen- 
yns's  Inquiry  into  the  Nature  and  Origin  of  Evil.  Liturgy  for  King's  Chapel, 
Boston.  Mather's  Essays  to  do  Good.  Price  on  Morals.  Wollaston's  Re 
ligion  of  Nature  delineated.  Barclay's  Apology  for  Quakers.  William 
Penn's  Works.  King's  (William)  Essay  on  Origin  of  Evil;  notes  by  Law. 
Wesley  on  Original  Sin.  King's  Inquiry  into  the  Constitution,  Discipline, 
etc.,  of  the  Church  within  the  Three  First  Centuries.  Priestley's  and 
Horsley's  Controversies.  Historical  View  of  Controversy  on  Intermediate 
State  of  the  Soul,  by  Dean  Blackburne.  The  Confessional,  by  the  same. 
Jones's  Method  of  settling  the  Canonical  Scriptures  of  New  Testament. 
Leibnitz  on  Goodness  of  God,  Liberty  of  Man,  and  Origin  of  Evil.  Paley's 
Works.  Warburton's  Principles  of  Natural  and  Revealed  Religion.  Blair's 
Sermons.  Buckminster's  (of  Boston)  Sermons.  Necker's  Importance  of 
Religion.  Latrobe's  (Benjamin)  Doctrine  of  the  Moravians.  Ray's  Wis 
dom  of  God  in  the  Creation.  Durham's  Astro-theology.  Bibliotheca  Fra- 
trum  Polouorum,  9  v.  fol. 


B.     See  pp.  137-146. 

SUCCESSIVE  DRAUGHTS   OF   VIRGINIA   DECLARATION   OF  RIGHTS. 

Original  Draught  of  George  Mason.  Draught  reported  by  Committee.* 

A  Declaration  of  Rights  made  by  the  A  Declaration  of  Rights  made  by  the 

Representatives  of  the  good  people  Representatives  of  the  good  people 

of  Virginia,  assembled  in  full   and  of  Virginia,  assembled  in  full  and 

free  convention,  which  rights  do  per-  free    convention,    which   rights    do 

*  We  have  marked  in  Italics,  in  order  to  indicate  them  the  more  readily  to  the  reader 
the  rerbal  variations  of  this  draught  from  that  of  Colonel  Mason. 


APPENDIX. 


645 


tain  to  them  and  their  posterity,  as 
the  basis  and  foundation  of  govern 
ment. 

1.  That  all  men  are  created  equally 
free  and  independent,  and  have  certain 
inherent  natural  rights,  of  which  they 
cannot,  by  any  compact,  deprive  or  di 
vest  their  posterity;  among  which  are 
the  enjoyment  of  life  and  liberty,  with 
the  means  of  acquiring  and  possessing 
property,  and  pursuing  and  obtaining 
happiness  and  safety. 

2.  That  all  power  is  by  God  and 
Nature  vested  in,  and  consequently  de 
rived  from,  the  people;  that  magis 
trates  are  their  trustees  and  servants, 
and  at  all  times  amenable  to  them. 

3.  That  government  is,  or  ought  to 
be,  instituted  for  the  common  benefit, 
protection,  and  security  of  the  people, 
nation,  or  community.     Of  all  the  va 
rious  modes  and  forms  of  government, 
that  is  best  which  is  capable  of  pro 
ducing  the  greatest  degree  of  happi 
ness  and  safety,  and  is  most  effectually 
secured  against  the  danger  of  malad 
ministration;  and  that  whenever  any 
government  shall  be  found  inade^iate 
or  contrary  to  these  purposes,  a  major 
ity  of  the  community  hath  an  indubita 
ble,  unalienable,  and  indefeasible  right 
to  reform,  alter,  or  abolish  it,  in  such 
manner  as  shall  be  judged  most  con 
ducive  to  the  public  weal. 

4.  That  no  man,  or  set  of  men,  are 
entitled  to  exclusive  or  separate  emol 
uments  or  privileges  from  the  commu 
nity,   but  in   consideration  of  public 
services;  which   not   being  descendi 
ble,  neither  ought  the  offices  of  magis 
trate,  legislator,  or  judge  to  be  heredi 
tary. 

6.  That  the  legislative  and  executive 
powers  of  the  State  should  be  separate 
and  distinct  from  the  judicial;  and 
that  the  members  of  the  two  first  may 
be  restrained  from  oppression  by  feel 
ing  and  participating  the  burthens  of 
the  people,  they  should,  at  fixed  peri- 


pertain  to  us  and  our  posterity,  as 
the  basis  and  foundation  of  govern 
ment. 

1.  That  all  men  are  born  equally  free 
and  independent,  and  have  certain  in 
herent  natural  rights,  of  which   they 
cannot,  by  any  compact,  deprive  their 
posterity;   among  which  are   the   en 
joyment  of  life  and  liberty,  with  the 
means    of   acquiring    and   possessing 
property,  and  pursuing  and  obtaining 
happiness  and  safety. 

2.  [The  same  as  the  original  draught 
of   George    Mason,    except    that    the 
clause    "  by    God    and    Nature "    is 
stricken  out.] 

3.  [The  same  in  all  respects.] 


4.  That  no  man,  or  set  of  men,  are 
entitled  to  exclusive  or  separate  emol 
uments  or  privileges  from  the  commu 
nity,  but  in  consideration   of  public 
services;  which  not  being  descendible 
or  hereditary,  the  idea  of  a  man  born  a 
magistrate,  a  legislator,  or  a  judge  is 
unnatural  and  absurd. 

5.  [The  same,  except  that  the  word 
jiuHcative  is  substituted  for  "judicial," 

and  the  conjunction  "  and,"  after  the 
words  "  private  station,"  is  stricken 
out.] 


646 


APPENDIX. 


ods,  be  reduced  to  a  private  station, 
and  return  into  that  body  from  which 
they  were  originally  taken,  and  the  va 
cancies  be  supplied  by  frequent,  cer 
tain,  and  regular  elections. 

6.  That    elections    of    members   to 
serve  as  representatives  of  the  people 
in  the  legislature  ought  to  be  free,  and 
that  all  men,  having  sufficient  evidence 
of  permanent  common  interest  with 
and    attachment    to  the  community, 
have  the  right  of  suffrage,  and  cannot 
be  taxed,  or  deprived  of  their  property 
for  public  uses,  without  their  own  con 
sent,  or  that  of  their  representatives  so 
elected,  nor  bound  by  any  law  to  which 
they  have  not,  in  like  manner,  assented 
for  the  common  good. 

7.  That  all  power  of  suspending  laws, 
or  the  execution  of  laws,  by  any  au 
thority,  without  consent  of  the  repre 
sentatives  of  the  people,  is  injurious  to 
their  rights,  and  ought  not  to  be  exer 
cised. 


8.  That  in  all  capital  or  criminal 
prosecutions,  a  man  hath  a  right  to  de 
mand  the  cause  and  nature  of  his  ac 
cusation,   to  be   confronted  with  the 
accusers  and  witnesses,  to  call  for  evi 
dence  in  his  favor,  and  to  a  speedy  trial 
by  an  impartial  jury  of  his  vicinage, 
without  whose  unanimous  consent  he 
cannot  be  found  guilty,  nor  can  he  be 
compelled  to  give  evidence  against  him 
self;  and  that  no  man  be  deprived  of 
his  liberty,  except  by  the  law  of  the 
land  or  the  judgment  of  his  peers. 

9.  That  excessive  bail  ought  not  to 
be  required,  nor  excessive  fines  im 
posed,  nor  cruel  and  unusual  punish 
ments  inflicted. 


6.  That    elections   of    members    to 
serve  as  representatives  of  the  people 
in  Assembly  ought  to  be  free,  and  that 
all  men,  having  sufficient  evidence  of 
permanent  common  interest  with  and 
attachment  to  the  community,  have 
the  right  of  suffrage. 

7.  That  no  part  of  a  man's  property 
can  be  taken  from  him   or  applied  to 
public  uses  without  his  own  consent  or 
that  of  his  legal  representatives;  nor 
are  the  people  bound  by  any  laws  but 
such  as  they  have,  in  like  manner,  as 
sented  to  for  their  common  good. 

8.  [The  same.] 


9.  That  laws  having  retrospect  to 
crimes,  and  punishing  offences  com 
mitted  before  the  existence  of  such 
laws,  are    generally   oppressive,    and 
ought  to  be  avoided. 

10.  [The  same,  with  the  single  ex 
ception  of  the  disjunctive  or  being  sub 
stituted  for  "and"  between  the  words 
"accusers"  and  "witnesses."] 


11.  [The  same.] 


12.  That  warrants,  unsupported  by 
evidence,  whereby  any  officer  or  mes 
senger  may  be  commanded  or  required 
to  search  suspected  places,  or  to  seize 
any  person  or  persons,  his  or  their 


APPENDIX. 


647 


property,  not   particularly  described, 
are  grievous  and  oppressive,  and  ought 
not  to  be  granted. 
13.  [The  same.] 


14.  [The  same.] 


15.  [The  same.] 


10.  That  in  controversies  respecting 
property,  and  in  suits  between  man 
and  man,  the  ancient  trial  by  jury  is 
preferable  to  any  other,  and  ought  to 
be  held  sacred. 

11.  That  the  freedom  of  the  Press  is 
one  of  the  great  bulwarks  of  liberty, 
and  can  never  be  restrained  but  by 
despotic  governments. 

12.  That  a  well  regulated  militia, 
composed  of  the  body  of  the  people, 
trained  to  arms,  is  the  proper,  natural, 
and  safe  defence  of  a  free  State;  that 
standing  armies  in  time  of  peace  should 
be  avoided,  as  dangerous  to  liberty; 
and  that,   in  all  cases,  the   military 
should  be  under  strict  subordination 
to,  and  governed  by,  the  civil  power. 

16.  That  the  people  have  a  right  to 
uniform  government;  and,  therefore, 
that  no  government  separate  from,  or 
independent  of,  the  government  of  Vir 
ginia,  ought,  of  right,  to  be  erected  or 
established  within  the  limits  thereof. 

13.  That  no  free  government,  or  the         17.  [The  same.] 
blessing  of  liberty,  can  be  preserved 

to  any  people  but  by  a  firm  adherence 
to  justice,  moderation,  temperance, 
frugality,  and  virtue,  and  by  frequent 
recurrence  to  fundamental  principles. 

14.  That  religion,  or  the  duty  which         18.  [The  same.] 
we  owe  to  our  Creator,  and  the  man 
ner  of  discharging  it,  can  be  directed 

only  by  reason  and  conviction,  not  by 
force  or  violence;  and,  therefore,  that 
all  men  should  enjoy  the  fullest  tolera 
tion  in  the  exercise  of  religion,  ac 
cording  to  the  dictates  of  conscience, 
unpunished  and  unrestrained  by  the 
magistrate,  unless,  under  color  of  re 
ligion,  any  man  disturb  the  peace,  the 
happiness,  or  the  safety  of  society. 
And  that  it  is  the  mutual  duty  of  all 
to  practise  Christian  forbearance,  love, 
and  charity  towards  each  other. 

It  will  be  seen,  upon  a  comparison  of  the  preceding  draughts,  that  the 
committee  added  three  entirely  new  articles  (Nos.  9, 12,  and  16)  to  the 


648 


APPENDIX. 


original  draught  of  Colonel  Mason,  and  subdivided  one  of  his  articles 
(No.  6)  into  two,  thereby  making  eighteen  articles  of  their  draught  for 
the  fourteen  of  his.  In  the  Declaration,  as  finally  adopted,  the  con 
vention  incorporated  two  of  the  additional  articles  reported  by  the 
committee,  and  restored  the  unity  of  the  6th  article  of  Colonel  Mason's 
draught ;  so  that  the  Declaration,  in  its  ultimate  form,  consisted  of  six 
teen  articles.  It  is  not  deemed  necessary  to  insert  it  here  as  it  was 
finally  adopted,  and  as  it  now  stands  at  the  head  of  the  present  consti 
tution,  and  has  unchangeably  stood  at  the  head  of  all  the  successive 
constitutions  of  Virginia.  With  the  exception  of  the  two  added  arti 
cles  mentioned  above,  a  brief  additional  clause  at  the  end  of  the  5th 
article,  and  the  amendment  of  the  last  article  made  on  the  motion  of 
Mr.  Madison,  it  is,  in  every  essential  particular,  identical  with  the 
draught  of  Colonel  Mason. 


C.     See  pp.  149-152,  and  158-165. 


PARALLEL  BETWEEN  THE  FIRST  DRAUGHT  OF  THE  VIRGINIA  CON 
STITUTION  OF  1776  AND  THE  FORM  IN  WHICH  IT  WAS  FINALLY 
ADOPTED. 


First  Draught  of  Constitution,  or  Plan 
of  Government,  laid  before  Select  Com 


mittee. 


1.  Let  the  legislative,  executive,  and 
judicative  departments  be  separate  and 
distinct,  so  that  neither  exercise  the 
powers  properly  belonging  to  the  other. 


2.  Let  the  legislative  be  formed  of 
two  distinct  branches,  who  together 
shaJ.  be  a  complete  legislature.  They 
shall  meet  once,  or  oftener,  every  year, 
and  shall  be  called  the  General  Assem 
bly  of  Virginia. 

8.  Let  one  of  these  be  called  the 
Lower  House  of  Assembly,  and  consist 
of  two  delegates  or  representatives, 
chosen  for  each  county  annually,  by 
such  men  as  have  resided  in  the  same 
for  a  year  last  past,  are  freeholders  of 


Constitution  as  agreed  to  and  adopted  by 
the  Convention. 

1.  The  legislative,  executive,  and  ju 
diciary  departments  shall  be  separate 
and  distinct,  so  that  neither  exercise 
the  powers  properly  belonging  to  the 
other;  nor  shall  any  person  exercise 
the  powers  of  more  than  one  of  them 
at  the  same  time,  except  that  the  jus 
tices  of  the  county  courts  shall  be  eligi 
ble  to  either  House  of  the  Assembly. 

2.  The  legislature   shall  be  formed 
of  two  distinct  branches,  who  together 
shall  be  a  complete  legislature.     They 
shall  meet  once,  or  oftener,  every  year, 
and  shall  be  called  the  General  Assem 
bly  of  Virginia. 

3.  One  of  these  shall  be  called  the 
House  of  Delegates,  and  consist  of  two 
representatives  to  be  chosen  for  each 
county,  and  for  the  district  of  West 
Augusta,  annually,  of  such  men  as  ac 
tually  reside  in  and  are  freeholders  of 


APPENDIX. 


649 


the  county,  possess  an  estate  of  inher 
itance  of  land  in  Virginia  of  at  least 
one  thousand  pounds  value,  and  are 
upwards  of  twenty-four  years  of  age. 


4.  Let  the  other  be  called  the  Upper 
House  of  Assembly,  and  consist  of 
twenty-four  members ;  for  whose  elec 
tion,  let  the  different  counties  be  di 
vided  into  twenty-four  districts,  and 
each  county  of  the  respective  district, 
at  the  time  of  the  election  of  its  dele 
gates  for  the  Lower  House,  choose 
twelve  deputies  or  sub-electors,  being 
freeholders  residing  therein,  and  hav 
ing  an  estate  of  inheritance  of  lands 
within  the  district  of  at  least  five  hun 
dred  pounds  value.  In  case  of  dispute, 
the  qualifications  to  be  determined  by 
the  majority  of  the  said  deputies.  Let 
these  deputies  choose,  by  ballot,  one 
member  of  the  Upper  House  of  Assem 
bly,  who  is  a  freeholder  of  the  district, 
hath  been  a  resident  therein  for  one 
year  last  past,  possesses  an  estate  of 
inheritance  in  lands  in  Virginia  of  at 
least  two  thousand  pounds  value,  and 
is  upwards  of  twenty-eight  years  of 
age.  To  keep  up  this  assembly  by 
rotation,  let  the  districts  be  equally  di 
vided  into  four  classes,  and  numbered. 
At  the  end  of  one  year  after  the  gen 
eral  election,  let  the  six  members 
elected  by  the  first  division  be  dis 
placed,  rendered  ineligible  for  four 
years,  and  the  vacancies  be  supplied 
in  the  manner  aforesaid.  Let  this  ro 
tation  be  applied  to  each  division  ac- 
VOL.  I.  55 


the  same,  or  duly  qualified  according 
to  law,  and  also  one  delegate  or  repre 
sentative  to  be  chosen  annually  for  the 
city  of  Williamsburg,  and  one  for  the 
borough  of  Norfolk,  and  a  representa 
tive  for  each  of  such  other  cities  and 
boroughs  as  may  hereafter  be  allowed 
particular  representation  by  the  legis 
lature;  but  when  any  city  or  borough 
shall  so  decrease  as  that  the  number 
of  persons  having  right  of  suffrage 
therein  shall  have  been,  for  the  space 
of  seven  years  successively,  less  than 
half  the  number  of  voters  in  some  one 
county  in  Virginia,  such  city  or  bor 
ough  thenceforward  shall  cease  to  send 
a  delegate  or  representative  to  the  As 
sembly. 

4.  The  other  shall  be  called  the  Sen 
ate,  and  consist  of  twenty-four  mem 
bers,  of  whom  thirteen  shall  constitute 
a  House  to  proceed  on  business;  for 
whose  election  the  different  counties 
shall  be  divided  into  twenty-four  dis 
tricts,  and  each  county  of  the  respec 
tive  districts,  at  the  time  of  the  election 
of  its  delegates,  shall  vote  for  one  sen 
ator,  who  is  actually  a  resident  and 
freeholder  within  the  district,  or  duly 
qualified  according  to  law,  and  is  up 
wards  of  twenty-five  years  of  age ;  and 
the  sheriff's  of  each  county,  within  five 
days  at  farthest  after  the  last  county 
election  in  the  district,  shall  meet  at 
some  convenient  place,  and,  from  the 
poll  so  taken  in  their  respective  coun 
ties,  return  as  a  senator  the  man  who 
shall  have  the  greatest  number  of  votes 
in  the  whole  district.  To  keep  up  this 
assembly  by  rotation,  the  districts  shall 
be  equally  divided  into  four  classes, 
and  numbered  by  lot.  At  the  end  of 
one  year  after  the  general  election,  the 
six  members  elected  by  the  first  divis 
ion  shall  be  displaced,  and  the  vacan 
cies  thereby  occasioned  supplied  from 
such  class  or  division  by  new  election 
in  the  manner  aforesaid.  This  rota 
tion  shall  be  applied  to  each  division 
according  to  its  number,  and  continued 
in  due  order  annually. 


650 


APPENDIX. 


cording  to  its  number,  and  continued 
in  due  order  annually. 

5.  Let  each  House  settle    its  own 
rules   of  proceeding,   direct  writs  of 
election  for  supplying  intermediate  va 
cancies;  and  let  the  right  of  suffrage, 
both  in  the  election  of  members  of  the 
Lower  House  and  of  deputies  for  the 
districts,  be  extended  to  those  having 
leases  for  land  in  which  there  is  an  un- 
expired  term  of  seven  years,  and  to 
every  housekeeper  who  hath  resided 
for  one  year  last  past  in  the  county, 
and  hath  been  the  Hither  of  three  chil 
dren  in  this  country. 

6.  Let  all  laws  originate  in  the  Lower 
House,  to  be  approved  or  rejected  by 
the  Upper  House,  or  to  be  amended 
with  the  consent  of  the  Lower  House, 
except  money  bills,  which  in  no  in 
stance  shall  be  altered  by  the  Upper 
House,  but  wholly  approved  or  rejected. 

7.  Let  a  governor  or  chief  magis 
trate  be  chosen  annually  by  joint  bal 
lot  of   both    Houses,   who  shall    not 
continue   in    that  office    longer   than 
three  years  successively,  and  then  be 
ineligible  for  the  next  three  years.   Let  • 
an  adequate,  but  moderate  salary  be 
settled  on  him,  during  his  continuance 
in  office;  and  let  him,  with  the  advice 
of  a  council  of  state,  exercise  the  ex 
ecutive  powers  of  government,  and  the 
power  of  proroguing  or  adjourning  the 
General  Assembly,  or  of  calling  it  upon 
emergencies,  and  of  granting  reprieves 
or  pardons,  except  in  cases  where  the 
prosecution  shall  have  been  carried  on 
by  the  Lower  House  of  Assembly. 


5.  The  right  of  suffrage  in  tne  elec 
tion  of  members  for  both  Houses  shall 
remain  as  exercised  at  present;  and 
each  House  shall  choose  its  own  speak 
er,  appoint  its  own  officers,  settle  its 
own  rules  of  proceeding,  and  direct 
writs  of  election  for  supplying  inter 
mediate  vacancies. 


6.  All  laws  shall  originate   in  the 
House  of  Delegates,  to  be  approved  or 
rejected  by  the  Senate,  or  to  be  amend 
ed  with  the  consent  of  the  House  of 
Delegates;  except  money  bills,  which, 
in  no  instance,  shall  be  altered  by  the 
Senate,  but  wholly  approved  or  re 
jected. 

7.  A  governor  or  chief  magistrate 
shall  be  chosen  annually  by  joint  bal 
lot  of  both  Houses,  to  be  taken  in  each 
House  respectively,  deposited  in  the 
conference-room,  the  boxes  examined 
jointly  by  a  committee  of  each  House, 
and  the  numbers  severally  reported  to 
them   that  the  appointments  may  be 
entered,  (which  shall  be  the  mode  of 
taking  the  joint  ballot  of  both  Houses 
in  all  cases,)  who  shall  not  continue  iu 
that  office  longer  than  three  years  suc 
cessively,  nor  be  eligible  until  the  ex 
piration  of  four  years  after  he  shall 
have  been  out  of  that  office.     An  ade 
quate,  but  moderate  salary  shall-be  set 
tled  on  him  during  his  continuance  in 
office;  and  he  shall,  with  the  advice  of 
a  council  of  state,  exercise  the  execu 
tive  powers  of  government,  according 
to  the  laws  of  this  Commonwealth; 
and  shall  not,  under  any  pretence,  ex 
ercise  any   power  or  prerogative  by 
virtue  of  any  law,  statute,  or  custom 
of  England;  but  he  shall,  with  the  ad 
vice  of  the  council  of  state,  have  the 
power  of  granting  reprieves  or  pardons, 
except   where   the   prosecution   shall 


APPENDIX. 


651 


8.  Let  a  privy  council,  or  council  of 
state,  consisting  of  eight  members,  be 
chosen  by  joint  ballot  of  both  Houses 
of  Assembly,  promiscuously  from  their 
own  members  or  the  people  at  large,  to 
assist  in  the  administration  of  govern 
ment.  Let  the  governor  be  president 
of  this  council;  but  let  them  annually 
choose  one  of  their  own  members  as 
vice-president,  who,  in  case  of  the  death 
or  absence  of  the  governor,  shall  act  as 
lieutenant-governor.  Let  three  mem 
bers  be  sufficient  to  act,  and  their 
advice  be  entered  of  record  in  their 
proceedings.  Let  them  appoint  their 
own  clerk,  who  shall  have  a  salary  set 
tled  by  law,  and  take  an  oath  of  secrecy 
in  such  matters  as  he  shall  be  directed 
by  the  board  to  conceal,  unless  called 
upon  by  the  Lower  House  of  Assembly 
for  information.  Let  a  sum  of  money, 
appropriated  to  that  purpose,  be  di 
vided  annually  among  the  members,  in 
proportion  to  their  attendance;  and  let 
them  be  incapable,  during  their  con 
tinuance  in  office,  of  sitting  in  either 
House  of  Assembly.  Let  two  mem 
bers  be  removed,  by  ballot  of  their  own 
board,  at  the  end  of  every  three  years, 
and  be  ineligible  for  the  three  next 
years.  Let  this  be  regularly  contin 
ued,  by  rotation,  so  as  that  no  member 
be  removed  before  he  hath  been  three 
years  in  the  council;  and  let  these  va 
cancies,  as  well  as  those  occasioned  by 


have  been  carried  on  by  the  House  of 
Delegates,  or  the  law  shall  otherwise 
particularly  direct;  in  which  cases,  no 
reprieve  or  pardon  shall  be  granted  but 
by  resolve  of  the  House  of  Delegates. 

Either  House  of  the  General  Assem 
bly  may  adjourn  themselves  respec 
tively.  The  governor  shall  not  prorogue 
or  adjourn  the  Assembly  during  their 
sitting,  nor  dissolve  them  at  any  time; 
but  he  shall,  if  necessary,  either  by 
advice  of  the  council  of  state,  or  on 
application  of  a  majority  of  the  House 
of  Delegates,  call  them  before  the  time 
to  which  they  stand  prorogued  or  ad 
journed. 

8.  A  privy  council,  or  council  of 
state,  consisting  of  eight  members, 
shall  be  chosen  by  joint  ballot  of  both 
Houses  of  Assembly,  either  from  their 
own  members  or  the  people  at  large,  to 
assist  in  the  administration  of  govern 
ment.  They  shall  annually  choose  out 
of  their  own  members  a  president,  who, 
in  case  of  the  death,  inability,  or  ne 
cessary  absence  of  the  governor  from 
the  government,  shall  act  as  lieutenant- 
governor.  Four  members  shall  be  suf 
ficient  to  act,  and  their  advice  and 
proceedings  shall  be  entered  of  record, 
and  signed  by  the  members  present, 
(to  any  part  whereof  any  member  may 
enter  his  dissent,)  to  be  laid  before  the 
General  Assembly,  when  called  for  by 
them.  This  council  may  appoint  their 
own  clerk,  who  shall  have  a  salary 
settled  by  law,  and  take  an  oath  of  se 
crecy  in  such  matters  as  he  shall  be 
directed  by  the  board  to  conceal.  A 
sum  of  money,  appropriated  to  that 
purpose,  shall  be  divided  annually 
among  the  members,  in  proportion  to 
their  attendance ;  and  they  shall  be  in 
capable,  during  their  continuance  in 
office,  of  sitting  in  either  House  of  As 
sembly.  Two  members  shall  be  re- 
moved  by  joint  ballot  of  both  Houses 
of  Assembly  at  the  end  of  every  three 
years,  and  be  ineligible  for  the  three 
next  years.  These  vacancies,  as  well 
as  those  occasioned  by  death  or  inca- 


652 


APPENDIX. 


death  or  incapacity,  be  supplied  by- 
new  elections,  in  the  same  manner  as 
the  first. 


9.  Let  the  governor,  with  the  advice 
of  the  privy  council,  have  the  appoint 
ment  of  the  militia  officers,  and  the 
government  of  the  militia,  under  the 
laws  of  the  country. 


10.  Let  the  two  Houses  of  Assembly, 
by  joint  ballot,  appoint  judges  of  the 
supreme  court,  judges   in  chancery, 
judges  of  admiralty,  and  the  attorney- 
general, —  to  be  commissioned  by  the 
governor,  and  continue  in  office  during 
good  behaviour.    In  case  of  death  or 
incapacity,  let  the  governor,  with  the 
advice  of  the  privy  council,  appoint 
persons  to  succeed  in  office  pro  tern- 
pore^  to  be  approved  or  displaced  by 
both  Houses.     Let  these  officers  have 
fixed  and   adequate   salaries,  and  be 
incapable  of  having  a  seat  in  either 
House  of  Assembly,  or  in  the  privy 
council,  except   the  attorney-general 
and  the  treasurer,  who  may  be  permit 
ted  to  a  seat  in  the  Lower  House  of 
Assembly. 

11.  Let  the  governor  and  privy  coun 
cil  appoint  justices  of  the  peace  for 
the  counties.     Let  the  clerks  of  all  the 
courts,  the  sheriffs,  and  coroners   be 
nominated  by  the  respective  courts, 
approved  by  the  governor  and  privy 
council,  and  commissioned  by  the  gov 
ernor.     Let  the  clerks  be  continued 


pacity,  shall  be  supplied  by  new  elec 
tions  in  the  same  manner. 

The  delegates  for  Virginia  to  the 
Continental  Congress  shall  be  chosen 
annually,  or  superseded  in  the  mean 
time,  by  joint  ballot  of  both  Houses  of 
Assembly. 

9.  The  present  militia  officers  shall 
be  continued,  and  vacancies  supplied 
by  appointment  of  the  governor,  with 
the  advice  of  the  privy  council,  on 
recommendation  from  the   respective 
county  courts ;  but  the  governor  and 
council  shall  have  a  power  of  suspend 
ing  any  officer,  and  ordering  a  court 
martial  on  complaint  of  misbehaviour 
or  inability,  or  to  supply  vacancies  of 
officers  happening  when  in  actual  ser 
vice.     The  governor  may  embody  the 
militia,  with  the  advice  of  the  privy 
council,  and,  when    embodied,    shall 
alone  have  the  direction  of  the  militia 
under  the  laws  of  the  country. 

10.  The  two   Houses  of   Assembly 
shall,  by  joint  ballot,  appoint  judges 
of  the  supreme  court  of  appeals  and 
general    court,   judges    in    chancery, 
judges  of  admiralty,   secretary,  and 
the  attorney-general,  —  to  be  commis 
sioned  by  the  governor,  and  continue 
in  office  during  good  behaviour.     In 
case  of  death,  incapacity,  or  resigna 
tion,  the  governor,  with  the  advice  of 
the  privy  council,  shall  appoint  persons 
to  succeed  in  office,  to  be  approved  or 
displaced  by  both  Houses.     These  offi 
cers  shall    have  fixed   and  adequate 
salaries,  and,  together  with  all  others 
holding  lucrative  offices,  and  all  minis 
ters  of  the  gospel    of  every  denomi 
nation,  be  incapable  of  being  elected 
members  of  either  House  of  Assembly, 
or  the  privy  council. 

11.  The  governor,  with  the  advice 
of  the  privy  council,  shall  appoint  jus 
tices  of  the  peace  for  the   counties; 
and  in  case  of  vacancies,  or  a  neces 
sity  of  increasing  the  number  hereaf 
ter,  such    appointments  to  be  made 
upon  the  recommendation  of  the  re 
spective  county  courts.     The  present 


APPENDIX. 


653 


during  good  behaviour,  and  all  fees  be 
regulated  by  law.  Let  the  justices 
appoint  constables. 


12.  Let  the  governor,  any  of  the 
privy  councillors,  judges  of  the  su 
preme  court,  and  all  other  officers  of 
government,  for  mal-administration,  or 
corruption,  be  prosecuted  by  the  Lower 
House  of  Assembly,  (to  be  carried  on 
by  the  attorney-general,  or  such  other 
person  as  the  House  may  appoint,)  in 
the  supreme  court  of  common  law. 
If  found  guilty,  let  him  or  them  be 
either  removed  from  office,  or  forever 
disabled  to  hold  any  office  under  the 
government,  or  subjected  to  such  pains 
or  penalties  as  the  laws  shall  direct. 


13.  Let  all  commissions  run  in  the 
name  of  the  Commonwealth  of  Virginia, 
and  be  tested  by  the  governor,  with 
the  seal  of  the  Commonwealth  an 
nexed.  Let  writs  run  in  the  same 
manner,  and  be  tested  by  the  clerks  of 
55* 


acting  secretary  in  Virginia,  and  clerks 
of  all  the  county  courts,  shall  continue 
in  office.  In  case  of  vacancies,  either 
by  death,  incapacity,  or  resignation,  a 
secretary  shall  be  appointed  as  before 
directed,  and  the  clerks  by  the  respec 
tive  courts.  The  present  and  future 
clerks  shall  hold  their  offices  during 
good  behaviour,  to  be  judged  of  and 
determined  in  the  general  court.  The 
sheriffs  and  coroners  shall  be  nomi 
nated  by  the  respective  courts,  ap 
proved  by  the  governor  with  the  advice 
of  the  privy  council,  and  commissioned 
by  the  governor.  The  justices  shall 
appoint  constables,  and  all  fees  of  the 
aforesaid  officers  be  regulated  by  law. 

12.  The  governor,  when  he  is  out  of 
office,  and  others  offending  against  the 
State,   either    by  mal-administration, 
corruption,  or  other  means  by  which, 
the  safety  of  the  State  may  be  endan 
gered,   shall   be  impeachable  by  the 
House  of  Delegates.     Such  impeach 
ment  to  be  prosecuted  by  the  attorney- 
general,  or  such  other  person  or  persons 
as  the  House  may  appoint,  in  the  gen 
eral  court,  according  to  the  laws  of  the 
land.     If  found  guilty,  he  or  they  shall 
either  be  forever  disabled  to  hold  any 
office  under  government,  or  removed 
from  such  office  pro  tempore,  or  sub 
jected  to  such  pains  or  penalties  as 
the  law  may  direct.  —  If  all  or  any  of 
the  judges  of  the  general  court  shall, 
on  good  grounds,  (to  be  judged  of  by 
the  House  of  Delegates,)  be  accused  of 
any  of  the  crimes  or  offences  before 
mentioned,  such   House  of  Delegates 
may,  in    like  manner,    impeach    the 
judge  or  judges  so  accused,  to  be  pros 
ecuted  in  the  coiirt  of  appeals ;  and  he 
or  they,  if  found  guilty,  shall  be  pun 
ished  in  the  same  manner  as  is  pre 
scribed  in  the  preceding  clause. 

13.  Commissions    and    grants   shall 
run,  In  the  name  of  the  Commonwealth 
of  Virginia,  and  bear  test  by  the  gov 
ernor,  with  the  seal  of  the  Common 
wealth  annexed.     Writs  shall  run  in 
the  same  manner,  and  bear  test  by  the 


654 


APPENDIX. 


the  several  courts.  Let  indictments 
conclude,  Against  the  peace  and  dignity 
of  the  Coirunonwealth. 

14.  Let  a  treasurer  be  appointed  an 
nually,  by  joint  ballot  of  both  Houses. 


15.  In  order  to  introduce  this  gov 
ernment,  let  the  representatives  of  the 
people,  now  met  in  convention,  choose 
twenty-four  members  to  be  an  Upper 
House;  and  let  both  Houses,  by  joint 
ballot,  choose  a  governor  and  privy 
council;  the  Upper  House  to  continue 
until  the  lost  day  of  March  next,  and 


clerks  of  the  several  courts.  Indict 
ments  shall  conclude,  Against  the  peace 
and  dignity  of  the  Commonwealth. 

14.  A  treasurer  shall  be  appointed  an 
nually,  by  joint  ballot  of  both  Houses. 

All  escheats,  penalties,  and  forfeit 
ures,  heretofore  going  to  the  King,  shall 
go  to  the  Commonwealth,  save  only 
such  as  the  legislature  may  abolish,  or 
otherwise  provide  for. 

The  territories  contained  within  the 
charters  erecting  the  Colonies  of  Mary 
land,  Pennsylvania,  North  and  South 
Carolina,  are  hereby  ceded,  released, 
and  forever  confirmed  to  the  people  of 
those  Colonies  respectively,  with  all 
the  rights  of  property,  jurisdiction, 
and  government,  and  all  other  rights 
whatsoever,  which  might  at  any  time 
heretofore  have  been  claimed  by  Vir 
ginia,  except  the  free  navigation  and 
nse  of  the  rivers  Potomac  and  Poho- 
moke,  with  the  property  of  the  Virginia 
shores  or  strands  bordering  on  either 
of  the  said  rivers,  and  all  improve 
ments  which  have  been  or  shall  be 
made  thereon.  The  western  and  north 
ern  extent  of  Virginia  shall,  in  all  other 
respects,  stand  as  fixed  by  the  charter 
of  King  James  the  First,  in  the  year 
one  thousand  six  hundred  and  nine, 
and  by  the  public  treaty  of  peace  be 
tween  the  courts  of  Great  Britain  and 
France  in  the  year  one  thousand  seven 
hundred  and  sixty-three;  unless,  by 
act  of  legislature,  one  or  more  terri 
tories  shall  hereafter  be  laid  off,  and 
governments  established  westward  of 
the  Alleghany  Mountains.  And  no 
purchase  of  lands  shall  be  made  of  the 
Indian  natives  but  on  behalf  of  the 
public,  by  authority  of  the  General 
Assembly. 

15.  In  order  to  introduce  this  gov 
ernment,  the  representatives  of  the 
people,  met  in  convention,  shall  choose 
a  governor  and  privy  council;  also 
such  other  officers  directed  to  be  chos 
en  by  both  Houses  as  may  be  judged 
necessary  to  be  immediately  appointed. 
The  Senate  to  be  first  chosen  by  the 


APPENDIX.  655 

the  other  officers  until  the  end  of  the  people,  to  continue  until  the  last  day 
succeeding  session  of  Assembly.  In  of  March  next,  and  the  other  officers 
cases  of  vacancies,  the  president  to  is-  until  the  end  of  the  succeeding  session 
sue  writs  for  new  elections.  of  Assembly.  In  case  of  vacancies, 

the  speaker  of  either  House  shall  issue 
writs  for  new  elections. 


D.     See  p.  360. 

MONSIEUR  RAYNEVAL'S  LETTER   TO  MR.  MONROE,  VINDICATING 
THE  CONDUCT  OF  FRANCE  IN  THE  NEGOTIATIONS  FOR  PEACE 

IN    1782. 

PARIS,  le  14  Novembre,  1795. 

MONSIEUR  :  J'ai  re<ju  la  lettre  que  vous  m'avez  fait  1'honneur  de 
m'ecrire  le  30  du  mois  dernier.  Je  suis,  on  ne  peut  pas  plus,  flatte  de 
la  marque  de  confiance  que  vous  voulez  bien  me  donner ;  et  je  crois 
ne  pouvoir  y  mieux  repondre  qu'en  vous  transmettant,  avec  la  plus 
scrupuleuse  exactitude,  les  explications  que  vous  me  demandez.  Je 
suis  d'autant  plus  en  mesure  de  vous  satisf'aire,  que  les  faits,  dont  il  est 
question,  me  sont  en  quelque  sorte  personnels;  et  je  le  dois,  puisque 
le  ministere,  avec  qui  je  les  ai  partages,  n'existe  plus.  D'ailleurs,  c'est 
une  dette  que  je  m'empresse  d'acquitter  envers  ma  patrie,  qu'on  a 
cherche  a  calotnnier,  avec  une  intention  qu'il  n'est  pas  difficile  de  p6- 
netrer. 

Votre  lettre,  Monsieur,  renferme  le  passage  suivant :  "  Vous  savez 
que  les  ministres  Americains  ont  signe  avec  ceux  de  1'Angleterre  un 
traite  provisoire,  a  1'inscu  du  cabinet  Fran^ais,  et  centre  les  instruc 
tions  qu'ils  avaient  du  Congres,  lequel  traite  ne  devait  pas  avoir  son 
effet,  jusqu'a  ce  qu'il  fut  conclu  un  traite  entre  la  France  et  1'Angle 
terre.  Comme  on  cherchait  a  s'informer  des  motifs  de  cette  demarche, 
il  etait  dit,  d'apres  ce  que  j'ai  souvent  entendu,  que  la  France,  tdmoi- 
gnant  de  1'indifference  sur  plusieurs  points  de  nos  reclamations,  vis-k- 
vis  1'Angleterre,  debattus  pour  lors  par  nos  ministres,  avait  meme  pris  le 
parti  de  cette  puissance  centre  nous,  en  cherchant  a  ecarter  nos  recla 
mations  relatives  a  la  peche,  aux  limites,  et  au  Mississippi ;  et  qu'elle 
vous  avait  envoye  en  Angleterre  expressement  pour  decider  le  Marquis 
de  Lansdowne  dans  son  opposition  a  nos  demandes  sur  ces  points,  de  la- 
quelle  mission  vous  vous  etes  acquitte  dans  les  conferences  personnelles 
que  vous  avez  eu  avec  ce  ministre ;  et  qu'enfin,  si  nos  negociateurs  ont 
reussi  sur  les  points  que  je  viens  de  nommer,  ils  devaient  leur  succes  a 


656  APPENDIX. 

la  politique  liberate  de  1'Angleterre,  —  qui,  en  rejettant  les  conseils  de 
la  France,  a  prefere*  nous  aceorder  nos  demandes,  tandis-qu'instruite 
qu'elle  etait  des  vceux  de  la  France,  &  cet  egard,  elle  aurait  pu  s'y 
refuser,  —  et  £  leur  propre  adresse  k  decouvrir  et  a  dejouer  les  intrigues 
du  gouvernement  Fran9ais,  en  terminant  le  traite  de  la  maniere  et  aux 
conditions  dc'ja  citees." 

Voila,  Monsieur,  les  faits  sur  lesquels  vous  me  demandez  des  eclair- 
cissements,  et  voici  ma  reponse :  — 

Vous  vous  rappelez  surement,  Monsieur,  qu'au  combat  naval  qui  eut 
lieu  en  Avril,  1782,  dans  les  Antilles  k  la  hauteur  de  la  Dominique, 
M.  De  Grasse,  fait  prisonnier,  fut  conduit  en  Angleterre.  Cet  amiral 
eut  des  entretiens  avec  Milord  Shelburne,  et  a  son  retour  en  France 
en  Septembre,  1782,  il  fit  entendre  que  ce  ministre  lui  avait  fait  des 
overtures  de  paix  :  il  remit  mdme  une  note  des  conditions  qu'il  disait 
lui  avoir  etc  proposees.  Cette  annonce  causa  beaucoup  d'e'tonne- 
ment;  et  Ton  n 'etait  pas  sans  defiance  sur  1'exactitude  du  rapport. 
Toutefois,  on  jugea  devoir  eclaircir  les  faits ;  et  on  se  determiua  k  m'en- 
voyer  pour  cet  effet  secretement  en  Angleterre.  Mes.  instructions 
dtaient  aussi  simples  que  laconiques :  elles  portaient  que  je  devais  de- 
mander  1'aveu  on  le  desaveu  de  la  note  remise  par  M.  De  Grasse. 

Le  premier  article  de  cette  note  concernait  1'inde'pendance  de 
1'Ame'rique.  Je  joins  ici  un  extrait  du  rapport  que  je  fis  lors  de  mon 
retour.  II  renferme  textuellement  ce  que  s'est  dit  k  l'egard  des  affaires 
Ame'ricaines :  il  est  de  la  fin  du  mois  de  Septembre,  1782.  Vous  y 
trouverez:  1°-  que  1'article  fondamental  de  mes  instructions  e'tait  1'in- 
d^pendance  des  iWs-Unis,  et  qu'il  ne  m'a  rien  6t6  prescrit  relativement 
aux  autres  conditions  k  convenir  avec  les  commissaires  Ame'ricains ;  2°- 
que  je  n'ai  provoque  aucune  conversation,  aucune  discussion  sur  cet 
objet,  et  que  lorsque  le  ministre  Anglais  en  a  parle  de  lui-meme,  je  me 
suis  renferme  dans  mon  ignorance  et  dans  mon  de'faut  d'autorisation  ; 
3°-  que  dans  les  opinions  que  j'ai  enoncds,  j'ai  plutdt  appuye  qu'affaibli 
les  demandes  des  commissaires  Americains.  Je  crois  devoir  observer 
que  le  langage  que  j'ai  tenu  &  l'egard  des  affaires  Americaines,  je  1'ai 
tenu  egalement  k  l'egard  de  celles  de  1'Espagne,  parceque  j'etais  de 
meine  sans  autorisation  de  la  part  de  cette  puissance. 

Apres  mon  retour  en  France,  les  negotiations  reprirent  toute  leur 
activitd  pour  ce  qui  concernait  la  France.  Je  joins  ici  1'extrait  des 
pieces  concernant  la  peche  de  la  Terre  Neuve.  Vous  ne  verrez,  Mon 
sieur,  pas  un  mot  qui  ait  le  moindre  rapport  aux  intdrets  des  Etats- 
Unis.  Pour  la  parfaite  intelligence  de  ces  pieces,  je  crois  devoir  vou3 
donner  1'explication  suivante. 


APPENDIX.  657 

Par  le  traite  d'Utrecht,  (1713,)  la  France  cdda  1'isle  de  Terre  Neuve 

1'Angleterre.  mais  elle  se  reserva  la  p6che ;  et  cette  disposition  fut 
confirmee  par  les  traites  d'Aix-la-Chapelle  (1748)  et  de  Paris  (1763). 
Nous  avons  constamment  regarde  notre  droit  de  pdche  comme  exclusif, 
dans  les  parages  qui  nous  etaient  assigned ;  et  nous  avons  porte  des 
plaintes  chaque  fois  que  les  pecheurs  Anglais  venaient  en  concurrence 
avec  les  notres.  De  Ik  naissaient  sans  cesse  des  discussions,  des  de- 
mAles,  et  des  querelles  entre  les  deux  nations.  Nos  reclamations  etaient 
frequentes,  et  elles  dtaient  toujours  infructueuses.  Nous  avons  cru  d. 
voir  profiter  des  circonstances  de  la  guerre  de  1778  pour  tranches  la 
difficult^.  Nous  avons,  des  le  commencement  des  negociations,  articule 
d'une  maniere  precise  notre  droit  exclusif,  et  la  volonte  peremptoire 
de  la  maintenir. 

Mais  sentant  la  difficulte  d'eloigner  les  Anglais  de  la  partie  la  plus 
poissonneuse,  —  savoir,  celle  situee  entre  le  Cap  St.  Jean  et  le  Cap 
Buonavista,  —  et  prevoyant  que  ce  seul  article  rendrait  les  negociations 
infructueuses,  nous  consentimes  a  un  nouveau  partage.  Nous  deman- 
dames  la  peche  exclusive  depuis  le  Cap  St.  Jean  jusq'au  Cap  Kay ;  et 
c'est  ainsi  que  les  choses  furent  arrangees.  Je  dois  observer  ici  que  les 
cotes,  qui  nous  ont  ete  assignees,  sont  les  moins  poissonneuses  de  toute 
I'Ame'rique ;  et  que,  si  nous  nous  en  sommes  contentes,  c'a  e'te'  unique- 
ment  par  amour  pour  la  paix  et  dans  la  vue  de  la  rendre  solide  et  du 
rable,  en  prevenant  le  melange,  et  par  Ik  les  querelles,  des  pecheurs 
des  deux  nations. 

Je  reviens  a  mon  sujet.  Tandis-que  notre  negotiation  cheminait, 
celle  de  1'Espagne  presentait  les  plus  grandes  difficultes ;  et  le  Roi  ne 
voulant  point  faire  sa  paix  separement,  il  pensa  qu'il  dtait  instant  de 
concilier  les  interets  de  son  allie.  C'est  dans  cette  vue  que  j'ai  et4 
envoye,  une  seconde  fois,  en  Angleterre  a  la  demande  du  Comte 
d'Aranda.  Mes  instructions  portaient,  entre  autres,  le  passage  sui- 
vant :  "  Comme  il  .est  possible  que  les  ministres  Anglais  entretiennent 
le  Sr  de  Rayneval  des  affaires  de  I'Amerique,  et  de  celles  d3s  Pro 
vinces  Unis,  il  annoncera  qu'il  n'a  aucune  autorisation  pour  les  traiter." 

Au  reste,  il  m'importe  ici  de  suivre  les  dates.  Mes  instructions  por 
tent  celle  du  15  Novembre,  1782.  J'arrivai  k  Londres  le  20  au  soir. 
J'avais  rencontre  k  Calais  un  sous- Secretaire  d'Etat  Anglais,  chargd 
destructions  pour  M.  Oswald.  Le  traite  provisoire  entre  ce  pldnipo- 
tentiaire  et  ceux  des  £tats-Unis  fut  signe  le  30  du  meme  mois  de 
Novembre.  Je  n'appris  cet  e've'nement  inopine  que  par  le  ministere 
Anglais ;  et  je  joins  ici  le  compte  que  j'en  rendis  le  4  Decembre. 

Tandis-que  je  transmettais  cette  information  k  M.  de  Vergennes,  ce 


658  APPENDIX. 

ministre  m'ecrivait,  de  son  c6te,  sur  le  m6me  objet,  une  lettre  particu- 
liere,  et  ensuite  une  lettre  officielle,  dont  je  joins  egalement  I'extrait 
Vous  remarquerez  dans  la  premiere  ces  mots  :  "  Vous  ne  vous  doutiez 
pas,  lorsque  vous  etes  parti,  que  la  negociation  des  Americains  fut  a 
eon  terme.  Je  ne  fus  informe  que  le  lendemain,  que  les  articles  etaient 
convenus,  et  seraient  signes  le  meme  jour." 

Voici,  Monsieur,  1'explication  de  cette  phrase.  Arrive  a  Londres  le 
20  Novembre,  comme  je  le  dis  plus  haut,  je  ne  tardai  pas  a  entrer  en 
conference  avec  les  ministres  Anglais  sur  les  affaires  de  1'Espagne. 
Mais  les  difficultes  que  je  rencontrai  me  parurent  si  graves  et  si  com- 
plique'es,  que  je  me  determinai  a  revenir  a  Versailles  pour  expliquer 
1'etat  des  choses,  et  demander  d'ulte>ieures  instructions.  J'arrivai  a 
Versailles  le  28  Novembre.  Je  passai  la  journee  avec  le  Comte 
d'Aranda.  Je  repartis  le  29  pour  Londres,  oti  je  fus  de  retour  le  3 
Decembre. 

En  venant,  j'avais  re9u  a  bord  de  mon  paquebot  M.  Laurens,  qui 
venait  a  Paris.  Pendant  toute  la  traversee,  ce  commissaire  Ame'ricam 
se  tint  sur  la  plus  grande  reserve  vis-a-vis  de  moi.  Mon  retour  a 
Londres  etait  d'autant  plus  instant  qu'on  attendait  pour  decider  si  le 
Hoi  d'Angleterre,  h  la  rentree  du  parlement,  annoncerait  des  espe'- 
rances  de  paix,  ou  la  neeessite  de  continuer  la  guerre.  C'est  le  lende 
main  de  mon  retour  qu'arriva  la  nouvelle  de  la  signature  du  traite 
Americain ;  et  c'est  le  lendemain  de  mon  depart  de  Versailles  qu'elle  a 
eu  lieu. 

Je  ne  dois  pas  omettre  de  vous  dire,  Monsieur,  que  Milord  Lans- 
downe,  chez  qui  j'etais  a  1'instant  oft  il  apprit  cette  signature,  me  dit 
que  c'e"tait  un  incident  qu'il  ne  concevait  pas,  et  qu'il  n'aurait  des 
idees  nettes  a  cet  egard,  qu'apres  la  lecture  des  depeches.  Je  re- 
vis  le  premier  ministre  le  lendemain,  et  il  me  dit  que  le  traite,  dont  il 
s'agit,  avait  fait  la  plus  vive  sensation  sur  le  conseil ;  qu'il  avait  re- 
tourne  les  esprits  ;  que  les  dispositions  actuelles  etaient  pour  la  contin 
uation  de  la  guerre,  et  une  coalition  avec  les  Americains  ;  que  c'etait 
la  le  sentiment  de  tous  les  membres  du  conseil,  a  1'exception  de  lui  et 
de  Milord  Grantham  ;  et  que  ce  sentiment  serait,  sans  doute,  e*taye  par 
tous  les  ennemis  du  ministere :  que,  toutefois,  il  serait  fidele  a  ses  prin- 
cipes.  II  m'assura,  de  plus,  que  la  signature  precipitee  faite  a  son  ins9u, 
et  surtout  les  conditions  exageVees  dtaient  Teffet  d'une  intrigue,  qui 
avait  la  continuation  de  la  guerre  pour  objet ;  mais  qu'il  etait  force  de 
dissimuler. 

Je  pense,  Monsieur,  que  tous  ces  details  sont  plus  que  suffisants  pour 
vous  convaincre  que  le  ministere  Fra^ab  n'a  point  cherche  a  nuire 


APPENDIX.  659 

aux  mte*rets  des  Etats-Unis ;  qu'il  n'a  fait  ni  demarches  ni  insinuations 
quelconques  pour  entraver  les  ne*gociations  des  commissaires  du  Con- 
gres ;  que  je  n'ai  pas  etd  envoys'  dans  cette  vue  en  Angleterre ;  que 
si,  ce  que  nous  avions  ignore  et  ce  que  nous  ne  pouvions  presumer,  ila 
ont  eu  1'intention  d'empieter  sur  notre  peche,  nous  ne  1'avons  appris  que 
par  le  ministere  Anglais,  et  que  s'ils  ont  echoue  a  cet  egard,  comme 
cela  devait  etre,  $'a  etc  uniquement  par  le  fait  de  ce  meme  ministere. 

Je  borne  la  mes  reflexions,  parcequ'elles  vous  suffiront  surement 
pour  appre'cier  les  assertions  faites  en  Amerique, —  pour  en  sentir 
toutes  les  maladresses  (pour  ne  rien  dire  de  plus).  J'ajouterai  seule- 
ment  la  remarque  suivante  :  nous  n'avions  aucun  interet  k  empecher 
les  Americains  de  pecher  concurremment  avec  les  Anglais.  Done,  il 
n'est  pas  vraisemblable  que  nous  ayons  fait  des  efforts  pour  les  priver 
de  cet  avantage;  et  quand  meme  le  ministere  Fran^ais  eut  eu  une 
pareille  intention,  il  n'aurait  pas  ete  assez  gauche  pour  la  confier  aux 
ministres  Anglais,  car  il  leur  aurait  donne  par  Ik  des  armes  contre  lui, 
et  ils  en  auraient  probablement  abuse. 

Au  surplus,  il  est  possible  que  les  personnes  qui  £taient  k  la  tdte  de 
Pintrigue,  dont  m'a  parle  Milord  Lansdowne,  aient  suppose  ces  memes 
insinuations  pour  tromper  et  egarer  les  plenipotentiaires  Americains ; 
et  dans  ce  cas,  ceux-ci  auraient  completement  donne  dans  le  piege. 
Je  vous  prie  de  remarquer  que  c'est  immediatement  apres  1'arrivee  de 
M.  Laurens  a  Paris  que  la  signature  du  traite  eut  lieu.  Combinez 
avec  tout  cela  ce  que  dit  M.  de  Vergennes  dans  sa  lettre  particuliere  du 
7  Decembre,  et  ce  que  m'a  dit  Milord  Lansdowne.  J'y  ajouterai  que 
vos  commissaires  auraient  montre  plus  de  sagacite,  plus  de  penetration, 
et  plus  de  prudence  en  se  defiant  des  insinuations  de  leur  ennemi, 
qu'en  soup9onnant  la  droiture,  la  loyaute,  et  les  bonnes  intentions  bien 
eprouvees  d'un  allie. 

Je  termine,  Monsieur,  cette  longue  lettre  par  un  objet  qui  m'est  ex- 
clusivement  personnel :  je  veux  parler  de  la  navigation  du  Mississippi. 
M.  Jay  avait  ete  charge  d'entamer  une  negociation  avec  M.  le  Comte 
d'Aranda  relativement  aux  limites  des  Florides  et  de  la  Louisiane.  Mais 
ces  deux  plenipotentiaires  ne  purent  point  s'entendre,  parceque  le  pre 
mier  voulait  porter  les  limites  des  Etats-Unis  jusq'au  Mississippi,  et  le 
second  voulait  porter  les  limites  Espagnoles  jusq'aux  frontieres  des 
Etats-Unis.  Ils  me  choisirent  pour  les  rapprocher;  et  je  leur  donnai 
rnon  avis  par  ecrit. 

J'etablis,  d'apres  les  preuves  positives,  que  les  pays  sur  lesquels 
portait  la  contestation  etaient  occupes  par  des  hordes  sauvages,  qui 
n'avaient  jamais  reconnu  la  souverainete  ni  de  1'Espagne  ni  de  I* An- 


660  APPENDIX 

gleterre  :  d'oti  il  resultait  que  ces  mSmes  peuples  dtaient  mde*pendants ; 
que,  par  consequent,  la  dispute  entre  les  deux  negociateurs  etait  sans 
objet.  Je  proposal,  cependant,  une  ligne  de  demarcation  eventuelle, 
pour  le  cas  ou  les  deux  e*tats  feraient  des  conquetes  sur  les  sauvages. 

Les  deux  plenipotentiaires  adopterent  mon  avis ;  et  si  je  suis  bien 
infonne,  le  Congres  s'en  est  montre  satisfait,  malgre  1'aspect  insidieux, 
sous  lequel  il  lui  avait  dte  presente.  Je  dois  ajouter  qu'apres  avoir 
remis  mon  avis  k  M.  le  Comte  d'Aranda,  ainsi  qu'a  M.  Jay,  je  dis  a  Tun 
et  a  1'autre  que  le  moyen  le  plus  simple,  selon  moi,  serait  que  1'Espagno 
ouvrit  le  Mississippi,  et  fit  un  port  franc  a  la  Nouvelle  Orleans.  Mou 
ide'e  fut  goutee ;  mais  elle  n'eut  aucune  suite.  Je  dois  ajouter,  enfin, 
que  j'avais  communique  mon  travail  h  M.  Jay,  avant  de  le  remettre  a 
1'ambassadeur  d'Espagne,  et  qu'il  convint  avec  moi  de  sa  justice  et  de 
sa  solidite. 

J'ai  1'honneur  d'etre,  avec  la  plus  parfaite  consideration, 

Monsieur,  votre  tres  humble  et  tres  obeissant  serviteur, 

RAYNEVAL. 


LOAN  DEPT 


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